Title 8 HEALTH AND SAFETY Chapters:

Title 8 HEALTH AND SAFETY Chapters:
Title 8
HEALTH AND SAFETY
Chapters:
8.04
Alarm Systems
8.08
Fire Prevention Code
8.10
Fire Lanes
8.16
Solid Waste Collection and Disposal
8.20
Open Burning
8.24
Smoking Prohibited in City Facilities and Vehicles
8.28
Noise
8.32
Nuisances, Abandoned or Junk Vehicles
8.36
Smoking in Public Places and Workplaces
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Chapter 8.04
ALARM SYSTEMS
Sections:
8.04.010
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
8.04.080
8.04.090
8.04.100
8.04.110
8.04.120
8.04.130
8.04.140
8.04.150
8.04.160
8.04.170
8.04.010
Purpose.
Definitions.
Permits.
Applications.
Duties.
Requirements.
Prohibitions.
Suspension, revocation
and/or denial.
Exemptions.
False alarms—Assessment
schedule.
Limitations of liability.
Installation, maintenance
and removal fees.
Removal of
nonconforming device.
Information to be
confidential.
Fire alarms.
Violation—Penalty.
Purpose.
The purpose of this chapter is to set forth
regulations governing burglary, robbery and
fire alarm systems, businesses and agents
within the city, to require permits therefor, to
establish fees and to provide for punishment of
violation of provisions of this chapter. (Ord.
465 § 1, 1981)
8.04.020
Definitions.
As used in this chapter, the words and
phrases set forth in this section shall mean as
follows:
A. ―Alarm agent‖ means any person who is
employed by an alarm business, either directly
or indirectly, whose duties include any of the
following: selling, maintaining, leasing,
servicing, repairing, altering, replacing, moving
or installing on or in any building, structure or
facility, any alarm system. Exemption: the
provisions of this sub-section do not include a
person who engages in the manufacture or sale
of an alarm system from a fixed location and
who neither visits the location where the alarm
system is to be installed, nor designs the
scheme for physical location and installation of
the alarm system in a specified location.
B. ―Alarm business‖ means the business by
any individual, partnership, corporation or
other entity of: selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving
or installing any alarm system or causing to be
sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed, any alarm
system in or on any building, structure or
facility.
C. ―Alarm system‖ means any set of
mechanical or electrical devices or instruments
designed for the detection of an unauthorized
entry on the premises, unlawful act, fire or any
emergency that alerts a municipal organization
of its commission or occurrence and when
actuated gives a signal, either visual, audible or
both or transmits or causes to be transmitted a
signal.
D. ―Applicant‖ means a person, firm or
corporation who or which files an application
for a new or renewal permit as provided in this
chapter.
E. ―Audible alarm‖ or ―local alarm‖ means
a device designed for the detection of
unauthorized entry on premises or of a fire on
the premises which generates an audible sound
on the premises when it is actuated.
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F. ―Automatic dialer unit‖ or ―dialer unit‖
refers to an alarm which automatically sends
over regular telephone lines by direct connector
or otherwise, a prerecorded voice message
indicating the existence of the emergency
situation that the alarm system is designed to
detect.
G. ―Commercial building‖ means all
structures whose primary use is not as a
dwelling and more than fifty percent of the
floor space is not used as a dwelling.
H. ―False alarms‖ means any activation of
an alarm not caused by or as a result of a
criminal act, unauthorized entry or fire, except
for activation for testing purposes when the
police department has been given advance
notice of such testing, or activation caused by
the police department.
I. ―False holdup alarm‖ means any signal
which indicates a robbery or holdup to which
police respond, which is not the result of a
holdup or robbery.
J. ―Notice‖ means written notice, given by
personal service upon the addressee, or given
by the United States mail, addressed to the
person to be notified at his last known address.
Service of such notice shall be effective upon
the completion of personal service, or upon the
placing of the same in the custody of the
United States Postal Service.
K. ―Primary and secondary trunk lines‖
means the telephone lines leading into the
police or fire departments, either directly or
indirectly, and used for emergency and
nonemergency telephone calls on a person-toperson basis.
L. ―Proprietor alarm‖ means any alarm or
alarm system which is not leased or rented
from, or owned or maintained and monitored
by an alarm business. (Ord. 465 § 2, 1981)
8.04.030
Permits.
A. A permit shall be required for each
alarm system, electronic or audible, on any
commercial or residential premises within the
city and a permit will be required for each
alarm business and alarm agent doing business
within the city on the effective date of the
ordinance codified in this chapter or installed
after such effective date.
B. Time to Acquire. All alarm system
users shall, within ten days of completion of
installation of a new alarm system or within ten
days of the placing in service of an existing
alarm system, obtain an alarm system users
permit from the Police Department. (Ord. 810
§ 1, 2002)
C. Fees. Each alarm system (business)
shall pay a fee for a permit in the sum of thirty
dollars per year; each alarm system
(residential) shall not pay a yearly permit fee.
(Ord. 810 § 1, 2002)(Ord. 10-977 § 2, 2010)
D. Expiration Date. All permits will expire
on December 31st of each year.
E. Permits issued are nontransferable from
one business to another or from one person to
another. (Ord. 548 § 1, 1988; Ord. 465 § 3,
1981; Ord. 810 § 1, 2002)
8.04.040
Applications.
A. The issuing authority shall be the police
or fire chief of the city.
B. Permit applications for any alarm
system, alarm business or alarm agent shall be
filed with the city on a form prescribed by the
chief of police. The police or fire chief shall
require such information as is necessary to
evaluate and act upon the application. (Ord. 10977 § 2, 2010)
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C. An applicant for an alarm agent permit
who is the holder of a valid security guard
registration certificate issued pursuant to the
provisions of Title 32, Chapter 26, Article 3,
Arizona Revised Statutes, shall not be required
to complete an application form and shall be
issued a permit if he or she is otherwise
qualified pursuant to this section.
D. A copy of the alarm business permit
shall be at all times physically upon the
subscriber’s premises and shall be available for
inspection by the police or fire department.
(Ord. 465 § 4 (part), 1981)
8.04.050
8.04.060
Requirements.
A. No person shall engage in, conduct or
carry on an alarm business without first
applying for and receiving an alarm business
license as set forth in Chapter 5 of this code.
B. No person shall engage in, conduct or
operate as an alarm agent without first applying
for and receiving an alarm agent license as set
forth in Chapter 5 of this code. (Ord. 10-977 §
2, 2010)
C. No person or business shall have or
operate an alarm system on their premises
without first applying for and receiving an
alarm system permit in accordance with the
provisions of this chapter.
D. Each alarm agent shall carry on his
person at all times while so employed a valid
alarm permit and shall display the same to any
police officer upon request.
E. If an alarm agent terminates his
employment with an alarm business, except as
provided in subsection F of this section, such
permit shall be surrendered to such alarm
business and within five days thereafter it shall
be mailed or delivered by the alarm business to
the city for cancellation. (Ord. 10-977 § 2,
2010)
F. If an alarm agent terminates his
employment with an alarm business for the
purpose of transferring employment to another
alarm business permittee, he shall surrender his
permit as provided in subsection E of this
section and shall advise the city who shall issue
him a temporary permit until such time as a
new permit is issued to him. (Ord. 10-977 § 2,
2010)
G. The owner of a proprietor alarm shall
maintain the alarm or alarm system in good
working order and take reasonable measures to
prevent the occurrence of false alarms.
Duties.
A. It shall be the duty of each alarm
business or agent to assure that each alarm
system installed or serviced by them is in
proper working order and is installed or
serviced according to the regular custom and
practice of their trade. They shall give adequate
instructions to business and residential
customers on the use and operation of each
alarm system installed or serviced by them. all
alarm businesses operating in the city shall
provide to the police department a quarterly
roster of all active alarm system accounts. They
shall also abide by any rules, regulations or
procedures of the police or fire department
which are adopted by resolution of the city
council. (Ord. 10-977 § 2, 2010)
B. It shall be the duty of each person or
business owning an alarm system within the
city to assure that their alarm system, audible
or electronic, is in proper working order at all
times. They shall also abide by any rules,
regulations or procedures of the police or fire
department which are adopted by resolution of
the city council. (Ord. 465 § 4 (part), 1981)
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H. All persons or businesses having audible
alarms must have some type of device attached
to the alarm that will automatically shut the
alarm off, or must have some other sure means
of turning the alarm off within thirty minutes
after the alarm has been activated. (Ord. 465
§ 4 (part), 1981; Ord. 810 § 1, 2002)
8.04.080
1. The violation of any of the provisions of
this chapter or regulations adopted by the chief
of police;
2. Where an alarm system actuates
excessive false alarms and thereby constitutes a
public nuisance;
3. Where the applicant or permittee, his
employee or agent has knowingly made any
false, misleading or fraudulent statement of a
material fact in the application for a permit, or
in any report or record required to be filed with
any city agency.
B. If a permit is suspended, revoked and/or
denied by the police or fire chief, a person can
reapply for a permit after curing any defects in
the application or any defects in the alarm
system which caused the suspension,
revocation and/or denial initially. Such person
shall furnish such proof as the police or fire
chief deems necessary to assure that the defects
have in fact been cured. (Ord. 465 § 6, 1981)
Prohibitions.
A. It is unlawful for any person to engage
in, conduct or carry on an alarm business
without first applying for and receiving a
permit therefor in accordance with the
provisions of this chapter.
B. It is unlawful for any person to engage
in, represent himself to be, or operate as an
alarm agent without first applying for and
receiving a permit therefor in accordance with
the provisions of this chapter.
C. No person shall use, possess or install
any alarm system, audible or electronic, in any
commercial or residential building without
having a permit in accordance with the
provisions of this chapter.
D. No person owning, using or possessing
any alarm system shall cause or permit the
giving of more than three false alarms, whether
intentional, accidental or otherwise within a
twelve-month period.
E. Automatic dialing systems are
prohibited from terminating or being keyed to
primary or secondary trunk lines of the police
or fire departments of the city. (Ord. 465 § 5,
1981)
8.04.090
8.04.100
Exemptions.
The provisions of this chapter are not
applicable to audible alarms affixed to
automobiles or to single unit smoke detectors
which alert only the user and do not require
special wiring. (Ord. 465 § 7, 1981)
8.04.110
False alarms—Assessment
schedule.
A. Any alarm system which has three or
more false alarms within a calendar year shall
be subject to assessment as provided herein.
B. If the police or fire department records
three or more false alarms within a calendar
year for any alarm system:
1. The police or fire chief or his designee
shall notify the alarm business holding the
alarm business permit, or in the case of a
Suspension, revocation
and/or denial.
A. The following shall constitute grounds
for suspension, revocation and/or denial of a
permit by the chief of police:
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proprietor alarm, the proprietor or alarm owner,
by mail of such fact and direct that a report be
submitted to the chief of police within fifteen
days of receipt of the notice describing actions
to be taken or which have been taken to
discover and eliminate the cause of the false
alarms. The notice shall contain the dates and
circumstances surrounding each of the alleged
false alarms. The alarm business, or in the case
of a proprietor alarm, the proprietor alarm
owner, may challenge the determination of
―false alarm‖ made by the chief of police
instead of reporting as required herein. The
notice shall also state that any further ―false
alarms‖ will also be subject to assessment as
contained in Section 8.04.080.
2. If the alarm business, or in case of a
proprietor alarm, the proprietor alarm owner
submits the report required by subdivision 1 of
this subsection, the chief of police or his
designee shall determine if the action taken or
to be taken will substantially reduce the
likelihood of false alarms. If he determines that
the action will substantially reduce the
likelihood of false alarms, he shall notify the
alarm business permittee, or in the case of a
proprietor alarm, the proprietor alarm owner in
writing that no assessment will be made at that
time.
3. If the action outlined in subdivision 2 of
this subsection is taken and no assessment is
levied at that time, the alarm business, or owner
of the proprietor alarm system which was the
subject matter of the action, will be subject to
the assessment procedure established by
subdivision 5 of this subsection on the next
false alarm signal emitted by that system and
recorded by the police department.
4. If no report is submitted, or if the chief
of police determines that the action which has
been taken or is to be taken, will not
substantially reduce the likelihood of false
alarms, the chief of police or his designee shall
give notice by mail to the alarm business
permittee, or in the case of a proprietor alarm,
the proprietor alarm owner, that the alarm
business license, or proprietor alarm owner,
will be assessed pursuant to subdivision 5 of
this subsection.
5. Assessments imposed pursuant to this
chapter shall be determined according to the
following schedule for false alarms occurring
during a calendar year:
False Alarms
1—2
3—4
5th - 7th
8th – 10th
11th – 12th
12th
13th
Penalty
No fee - warning letter
$30.00
$50.00
$75.00
$100.00
One time & letter of
intent to revoke
Revocation of alarm
(Ord. 10-977 § 2, 2010)
6. Proof that a false alarm was caused by
an act of God or by the actions of the telephone
company shall constitute affirmative defenses
to assessment for the particular false alarm.
7. Upon notice of the final determination
pursuant to subdivisions 4 or 5 of this
subsection of an assessment owing or order of
assessment, the responsible party shall tender
the fee assessed within ten days of the date
ordered, or discontinue operation of the alarm
system having the excessive false alarms. In the
event the operation of such alarm system is not
discontinued, and the assessment not tendered,
it is declared to be, and is, a public nuisance
which may be abated by order of a court of
competent jurisdiction and its continued
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operation is unlawful and it is declared to be in
violation of this chapter thereby subjecting
such person or business to the penalties of
Section 8.04.170.
C. Grace Period. Newly installed alarm
systems shall not be subject to the penalties
prescribed in this section for sixty days after
the system becomes operational. (Ord. 548 § 2,
1988; Ord. 465 § 8, 1981)
8.04.120
8.04.160
It is provided that the city manager, or his
designee will have full authority to enforce all
sections of this chapter as pertains to fire alarm
systems. (Ord. 465 § 11, 1981; Ord. 810 § 1,
2002)
8.04.170
Installation, maintenance and
removal fees.
All installation, removal or maintenance fees
shall be paid by the applicant. (Ord. 465 § 10
(part), 1981)
8.04.140
Removal of nonconforming
device.
In addition to any other remedy provided by
law the chief of police may, whenever he shall
have knowledge of the use of any device or
attachment not operated or maintained in
accordance with the provisions of this chapter,
order the removal of such device or attachment.
(Ord. 465 § 10 (part), 1981)
8.04.150
Violation—Penalty.
A. Any person, firm, company or
corporation, willfully violating any of the
provisions of this chapter, shall be guilty of a
petty offense (if available), or civil liability. A
person shall be subject to a fine/penalty of up
to three hundred dollars and a business shall be
subject to a fine of up to one thousand dollars.
Each day that a violation continues shall be a
separate offense punishable as hereinabove
described. (Ord. 10-977 § 2, 2010)
B. The conviction or punishment of any
person for violation of the provisions of this
chapter or for failing to secure a permit as
required by this chapter shall not relieve such
persons from paying the permit fee due and
unpaid at the time of such conviction, nor shall
payment of any permit fee prevent criminal
prosecution (if available) for violation of any of
the provisions of this chapter. All remedies
shall be cumulative and the use of one or more
remedies by the city shall not bar the use of any
other remedy for the purpose of enforcing the
provisions of this chapter. The amount of any
permit fee shall be deemed a debt to the city.
An action may be commenced in the name of
the city in any court of competent jurisdiction
for the amount of any delinquent permit fee.
All permit fees shall be deemed delinquent
thirty days after they are due and payable. (Ord.
465 § 9, 1981)(Ord. 10-977 § 2, 2010).
Limitations of liability.
The city shall be under no duty or obligation
to a permittee or to any other person affected
by any provision of this chapter, including but
not limited to any defects in any alarm system,
or any delays in transmission or responses to
any alarm. (Ord. 465 § 10 (part), 1981)
8.04.130
Fire alarms.
Information to be
confidential.
The information furnished and secured
pursuant to this chapter shall be confidential
and shall not be subject to public inspection.
(Ord. 465 § 10 (part), 1981)
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Chapter 8.08
FIRE PREVENTION CODE
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
8.08.070
8.08.080
8.08.090
8.08.100
8.08.110
8.08.010
Adoption.
Adoption of Life Safety
Code 101.
Definitions.
Enforcement.
Amendments.
Modification.
Appeals.
New materials, processes
and occupancies requiring
permits.
False alarms.
Restrictions on deliveries
of flammable or
combustible liquids.
Violation—Penalty.
Adoption.
That certain code entitled the Fire Protection
Code, 1998 National Fire Protection
Association codes (NFPA) and 1997 Uniform
Fire Code (UFC) prepared and recommended
by the American Insurance Association, and
excepting such sections or portions as are
hereinafter deleted, modified or amended, is
adopted as the fire prevention code of the city
and made a part of this chapter as though such
code was specifically set forth in full herein. At
least three copies of such code are on file and
of record in the office of the city clerk and are
available for public use and inspection. (Ord.
824 § 1, 2003; Ord. 430 § 2, 1979)
8.08.020
Adoption of Life Safety Code
101.
That certain code entitled ―Life Safety Code
101,‖ of the NFPA, 1998 Edition, prepared and
recommended by the National Fire Protection
Association, except for such portions as are
hereinafter deleted, modified and amended, is
incorporated into the aforesaid fire prevention
code of the city, as a separate independent and
severable portion thereof, and is made a part of
this chapter as though the Life Safety Code 101
was specifically set forth in full herein. At least
three copies of such code are on file and of
record at the office of the city clerk and are
available for public use and inspection. (Ord.
824 § 1, 2003; Ord. 430 § 3, 1979)
8.08.030
Definitions.
A. Whenever the word ―municipality‖ is
used in the Fire Prevention Code and Life Safety Code 101, it shall be held to mean the city of
Douglas, Arizona.
B. Whenever the Fire Prevention Code and
the Life Safety Code refer to the jurisdictional
limits established by law, those limits shall be
the corporate boundaries of the city of Douglas,
Arizona. (Ord. 430 § 4, 1979)
C. Whenever ― hazardous material‖ is
used in this chapter, it shall mean ―a substance
(gas, liquid or solid) capable of creating harm
to people, the environment and property.‖ (Ord.
824 § 1, 2003)
8.08.040
Enforcement.
The Fire Prevention Code and Life Safety
Code 101 adopted by this chapter shall be
enforced by the fire chief through the fire
department of the city and such enforcement
shall be under the direct control and
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supervision of the fire chief and his duly
designated officers. (Ord. 443 § 1, 1979)
8.08.050
Amendments.
The Fire Prevention Code, 1998 Edition, of
the American Insurance Association, is
amended and changed in the following
particulars:
A. Vehicles Transporting Hazardous
Substances.
All vehicles transporting hazardous
substances are restricted to commercial motor
vehicle routes as established in Section
10.32.020 (A) of the Douglas Municipal Code.
firm, company or corporation found in
violation of 8.08.050 subsection C subpart 2
shall be fined $100.00 for each day of the
violation.
D. Requirements for Authorized
LPG Distributors.
1. Authorized LPG distributors
subject to state license requirements shall
comply with the following minimum distance
requirements to buildings, property lines and
between containers:
Capacity
to Gallons
Less than 125
gals.
125 to 250 gals.
251 to 500 gals.
501 to 1,200 gals.
Over 1,200 gals.
B. Prohibited Use of Liquified
Petroleum Gas (LPG) Tanks.
No LPG tanks shall be allowed for
residential homes, mobile homes, commercial
buildings or permanent facilities within the
City limits.
Above
ground
0 feet
Between
Containers
0 feet
10 feet
10 feet
25 feet
50 feet
0 feet
3 feet
3 feet
5 feet
NOTE: At the discretion of the the fire chief
or his designee, container location may be
altered after consideration of special hazard
features involved. Also, containers may be
located at a lesser distance to buildings of
not less than two hour fire resistive
construction in accordance with the building
code, provided the above distances applied
to openings in buildings are maintained
except that the discharge from the safety
relief valves on containers of less than 125
gals. must be into the open air and not
terminate against or under any building or in
the direction of means of egress, the
discharge opening shall be at least five feet
away from any opening into a building.
These containers must be firmly secured.
C. Permissible Uses of LPG Tanks.
1. Permissible uses of
LPG tanks shall be when used for travel
trailers, campers, motor homes, motor vehicle
fuel tanks, gas grills (5 gal max.), licensed
mobile vendors (25 gal max.) , and hot tar
roofing contractors with a City permit.
2. Permits shall be
required for Hot Tar Contractors using LPG
tanks for roofing. Permit shall be issued by the
Fire Department annually for each calendar
year to contractors who are certified as hot tar
contractors by the Arizona Builders
Association. A fee of $25.00 shall be charged
for issuance of the permit.
(a) Any person
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2. LOCATION OF AUTHORIZED
DISTRIBUTORS.
When an LPG storage
tank is used to fill portable or automobile LPG
tanks, the distribution point shall be located as
follows:
1) 10 ft. from buildings with min. 1 hr.
exterior walls.
2) 25 ft. from buildings with combustible
exterior walls.
3) 25 ft. from line of adjoining property
that may be built upon.
4) 50 ft. from outdoor places of assembly.
5) 10 ft. from public right-of-ways.
6) 5 ft. from driveways.
7) 10 ft. from other combustible containers.
3. PROTECTION AGAINST VEHICLE
DAMAGE. All containers must be mounted on
concrete pads, and protected from vehicle
collision. Containers used for refueling motor
vehicles, including forklifts, must be situated so
that vehicles cannot drive closer than 10 ft. to
the container.
4. LOCATION OF CONTAINER FROM
FUEL TANK. Containers shall not be located
within 20 ft. of an aboveground fuel tank other
than LPG or within 15 ft. of a dispenser for an
underground fuel tank (example: gas station).
5. DISTANCE FROM RELIEF VALVES.
Direct fired relief valves of any capacity shall
be located no less than:
a) 20 ft. from the container.
b) 20 ft. from the shutoff valves.
c) 20 ft. from the point of disbursement.
d) 25 ft. from the buildings.
6.
POSTING
REQUIRE-MENTS.
Operating, filling and safety instructions
supplied by the manufacturer or distributor
shall be kept posted on or in the immediate
vicinity of all LPG tanks. Tanks shall be
labeled as containing ―liquefied petroleum
gas.‖ Tanks may be labeled with the
proprietary name. ―No Smoking‖ signs shall be
posted in the immediate vicinity.
7. SECURITY REQUIRE-MENTS. LPG
containers shall be protected from unauthorized
operation by a six-foot industrial fence or other
means approved by the fire chief or his
designee.
8.
FIRE
EXTINGUISHER
REQUIREMENTS. Installations where LPG is
dispensed must be provided with a minimum of
one fire extinguisher with a minimum
classification of 20 B.C. extinguishers shall
not be mounted further than 50 ft. from an LPG
container.
9. LOCATION FROM SIDEWALKS. No
stationary storage tank shall be less than 10 ft.
from the nearest street line or sidewalk.
10. ELECTRICAL EQUIP-MENT OR
INSTALLATIONS. All electrical equipment or
installations within five ft. of the following
shall be Class I, Division I, Group ―D‖ (Article
501 of the National Fire Protection
Association, Electrical Code, 1998), and if
more than five ft. but less than 15 ft. from the
following shall be Class I, Division II, Group
―D‖ (Article 501 of the National Fire
Protection Association, Electrical Code, 1998):
a) Tank vehicle loading and unloading
points;
b) Relief valves;
c) Pumps;
d) Connections;
e) Compressors;
f) Gas air mixers and vaporizers other than
direct fired vaporizers.
11. REQUIREMENTS FOR LARGE
LIQUEFIED
PETROLEUM
GAS
INSTALLATION SYSTEMS.
a. Large LPG Installations Defined. The
storage, in one location, of liquefied petroleum
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gas (LPG) in single or multiple containers
totaling over 1,000 gallon water capacity.
b. Installation Location. Large LPG
installations shall be limited to areas zoned for
industrial use.
c. Installation Security. Large LPG
installations shall be protected by a six-foot
industrial fence or other means approved by the
fire chief or his designee. In addition, adequate
protection against damage by vehicles shall be
provided.
d. Water Spray System Required. Large
LPG installations, including associated tank
truck or rail tank car loading and unloading
points, shall be protected by a water spray
system that will provide the minimum water
requirements to the top, side and bottom of
LPG containers. In addition:
1) Plans shall be furnished to the fire
chief or his designee and a permit obtained for
each water spray system.
2) All water spray systems shall have
an automatic water flow alarm signal
monitored at a location approved by the fire
chief or his designee.
3) All water spray systems shall be
automatic with a manual override and comply
with NFPA 13, 1998, as shall all maintenance
requirements on the system.
4)
Footings or foundations for
containers in large LPG installations with
water spray systems must be able to withstand
the effects of wetting from the water spray
system and fire hose streams as determined by
a registered engineer. Drainage shall be
provided by one of the methods recommended
in NFPA 13, 1998.
12. TRANSFER OPERATIONS. When
LPG is transferred from or to a delivery
vehicle, a person qualified by the LPG
manufacturer or distributor to operate the
transfer system and familiar with its fire safety
devices shall be in constant attendance.
13. RESTRICTION ON SIZE, ROUTE
AND TIMES OF DELIVERY OF LPG
VEHICLES.
(a) Vehicles delivering LPG to installations
within the corporate limits of the city are
limited to 4,000 gallons water capacity.
(b) Bulk tank vehicles exceeding 4,000
gallons water capacity supplying bulk business
outside the city limits, shall stay on the
designated commercial truck routes pursuant
to DMC 10.32.020 (A). Residential deliveries
to locations outside the city limits are limited to
day light hours.
14. ADDITIONAL REQUIREMENTS.
In addition to these specific fire control
requirements, the installation and maintenance
of LPG installations or systems shall comply
with the requirements of NFPA 58, Liquefied
Petroleum Gas Code, 1998 Edition.
15.
UNDERGROUND
INSTALLATIONS. The storage of LPG
underground containers shall be prohibited
within the corporate limits of the City of
Douglas.
E. Incinerators. Rubbish rooms
inside of buildings must be of two hour
fire-resistive construction unless automatic
sprinklers are provided with one hour
fire-resistive construction.
(Ord. 824 § 1, 2003; Ord. 460 § 2, 1980; Ord.
430 § 6, 1979)
8.08.060
Modification.
The fire chief shall have the authority to
modify the enforcement of any of the provisions of the Fire Prevention Code adopted by
this chapter upon application in writing by the
8 - 11
5/1/03
owner or lessee or his/her duly authorized
agent, when there are practical difficulties in
the absolute enforcement and/or compliance
with this chapter and the code hereby adopted;
provided, however, that the spirit of the code
shall be observed, public safety secured and
substantial justice done. The particulars of such
modification when granted or allowed and the
decision of the fire chief thereon, shall be
entered upon the records of the fire department
and a signed copy furnished the applicant.
(Ord. 443 § 2, 1979)
the Fire Prevention Code as hereby adopted.
(Ord. 460 § 3, 1980; Ord. 443 § 4, 1979)
8.08.090
It is unlawful for any person to give or turn
in a false alarm of fire in the city either at the
fire alarm boxes of the city or otherwise, when
the person giving or turning in such alarm
knows at the time no fire exists which would
endanger life or property. (Ord. 430 § 10,
1979)
8.08.100
8.08.070
Appeals.
Whenever the fire chief shall disapprove an
application or refuse to grant a license or
permit applied for or when it is claimed that the
provisions of the Fire Prevention Code as
hereby adopted or as may hereafter be
amended, do not apply or that the true intent
and meaning of the code has been misconstrued
or wrongfully interpreted, the applicant may
appeal from the decision of the fire chief, in
writing, to the city manager within thirty days
from the decision of the fire chief. The city
manager shall within thirty days after receipt of
the written appeal, hear the appeal and render
his decision. (Ord. 443 § 3, 1979; Ord. 824 §1,
2003)
8.08.080
New materials, processes and
occupancies requiring
permits.
The city manager, building inspector and fire
chief shall act as a committee to determine and
specify, after giving affected persons an
opportunity to be heard, any new materials,
processes or occupancies, which shall require
permits, in addition to those now enumerated in
False alarms.
Restrictions on deliveries of
flammable or combustible
liquids.
No deliveries or loading or unloading of
flammable or combustible liquid will be made
unless deliveries can be made with the entire
tank vehicle located at an authorized
distribution point. (Ord. 824 § 1, 2003; Ord.
448 § 2, 1980: Ord. 390 § 7, 1972)
8.08.110
Violation—Penalty.
A. Any person who violates any of the
provisions of the Fire Prevention Code or this
chapter, or fails to comply therewith, or who
violates or fails to comply with any order made
thereunder, or who builds in violation of any
detailed statement or specifications or plans
submitted and approved thereunder, or any
certificate or permit used thereunder, or from
which no appeal has been taken, or who fails to
comply with such an order as affirmed or
modified by the council or a court of competent
jurisdiction, within the time fixed, shall
severally for each and every violation and
noncompliance respectively be guilty of a
misdemeanor, and upon conviction thereof
shall be punished by a fine not to exceed two
thousand five hundred dollars and/or imprison8 - 12
5/1/03
ment for a period not to exceed six months or
by both such fine and imprisonment. Each day
that violation continues shall be a separate
offense punishable as hereinabove described.
B. The application of the above penalty
shall not be held to prevent the enforced
removal of prohibited conditions. (Ord. 824 §
1, 2003; Ord. 430 § 13, 1979)
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Chapter 8.10
FIRE LANES
Sections:
8.10.010
8.10.020
8.10.030
8.10.040
8.10.050
8.10.060
8.10.070
8.10.075
8.10.080
8.10.090
8.10.100
8.10.110
8.10.120
8.10.010
Fire lane defined.
Establishment required.
Records.
Markers and signage.
Specifications.
New and existing
structures.
Modifications.
APPEALS.
Prohibited obstructions.
Removal of obstructions.
Parking violations.
Failure to establish or
maintain fire lanes—
Penalty.
Parking citations—
Penalty.
Fire lane defined.
A fire lane is an area, parking lot, driveway,
roadway, or portion thereof designated or
approved as such by the fire chief of the City of
Douglas. (Ord. 575 § 1, 1991)
8.10.020
Establishment required.
Fire lanes shall be required of and
established for all shopping centers, malls,
commercial and manufacturing structures,
businesses or areas constructed or
reconstructed after the date the ordinance
codified in this chapter becomes effective.
(Ord. 824 § 2, 2003; Ord. 575 § 6, 1991)
8.10.030
Records.
At all times the fire chief shall maintain a
permanent record, available for public
inspection, of all orders establishing fire lanes
and all exceptions granted by the fire chief.
(Ord. 575 § 10, 1991)
8.10.040
Markers and signage.
Fire lanes shall be marked with standard
signs and/or other markers as approved by the
fire chief. The markings of fire lanes shall be
accomplished and maintained by the property
owner or occupant. (Ord. 575 § 2, 1991)
8.10.050
Specifications.
Fire lanes shall be constructed to within one
hundred fifty feet of an entrance to the interior
or other point approved by the fire chief, of
buildings two stories or less in height and to
within fifty feet of an entrance to the interior or
a point approved by the fire chief for buildings
three stories or more in height. Fire lanes shall
be a minimum of twenty feet in width and they
shall have vehicle passing points of twenty-five
feet in width and of a length and interval as
designated by the fire chief. Fire lanes shall be
surfaced in a manner designed to support the
maximum weight of fire apparatus and out of
materials approved by the fire chief.
Engineering data shall be submitted with plans
for the construction of fire lanes to the fire
chief in addition to any other required plans
submittals, and the fire chief shall have the
authority to approve, reject or modify the plans
in accordance with the authority granted him in
the 1997 Uniform Fire Code and the 1998
National Fire Protection Codes. Fire lanes shall
have a vertical clearance of not less than
thirteen feet six inches and have a maximum
gradient of eight percent (eight feet in one
8 - 14
5/1/03
hundred feet) and forty feet maximum
centerline radius on curves. Fire lanes shall be
dead-ended at no more than two hundred feet
maximum length or they shall allow through
passage or they shall terminate in a minimum
sixty-foot centerline radius cul-de-sac. (Ord.
824 § 2, 2003; Ord. 575 § 7, 1991)
8.10.060
New and existing structures.
Fire lanes established for new and existing
structures shall in all other respects conform to
fire lane requirements applicable at the time of
construction pursuant to other ordinances or
codes of the city. If no prior lane requirements
were applicable at the time of construction, the
fire chief may require establishment of fire
lanes to conform with the requirements of this
chapter insofar as is practical without requiring
construction or structure modification. (Ord.
575 § 8, 1991)
8.10.070
Modifications.
The fire chief reserves the right to grant a
variance to specification requirements in order
to best address varying occupancies, sizes and
hazards of buildings. Variances shall be
consistent with Section 103.1.3 of the 1997
Uniform Fire Code. (Ord. 824 § 2, 2003; Ord.
575 § 9, 1991)
8.10.075
Appeals.
Whenever the fire chief denies a request for
a variance, an applicant may appeal from the
decision of the fire chief, in writing, to the city
manager within thirty days from the decision of
the fire chief. The city manager shall within
thirty days after receipt of the written appeal,
hear the appeal and render his decision. (Ord.
824 § 2, 2003)
8.10.080
Prohibited obstructions.
Fire lanes shall be maintained clear of
obstructions. (Ord 824 § 2, 2003; Ord. 575 § 3,
1991)
8.10.090
Removal of obstructions.
Any vehicle, trailer or other obstructions
stopped or parked within a fire lane may be
removed at the expense of the vehicle owner.
Removal of a vehicle, trailer or other
obstruction may be authorized by the person in
lawful possession of the property or by the fire
chief or his representative. It is the duty of the
person in lawful possession of the property to
use his/her/its best efforts to keep designated
fire lanes free of vehicles, trailers or other
obstructions. (Ord. 575 § 5, 1991)
8.10.100
Parking violations.
It shall be unlawful for any person to park a
motor vehicle, trailer or other obstruction in a
fire lane, or otherwise obstruct a fire lane.
(Ord. 824 § 2, 2003; Ord. 575 § 4, 1991)
8.10.110
Failure to establish or maintain fire lanes—Penalty.
If a fire lane is required under this chapter
and it is not established or maintained by the
owner or occupant of the premises as required,
and after twenty days’ written notice of the
violation to the owner or occupant by the fire
chief demanding compliance, the fire chief or
his designee shall issue a violation citation.
Upon conviction, the penalty for the violation
shall be in a sum not to exceed three hundred
dollars for each day that the owner or occupant
is found to have been in violation. (Ord. 575
§ 12, 1991)
8 - 15
5/1/03
8.10.120
Parking citations—Penalty.
Douglas police officers shall have the duty
and the responsibility to issue citations for the
unauthorized standing, parking or stopping in
all properly marked (and not otherwise
exempted) fire lanes. Unauthorized standing,
parking or stopping in a fire lane is a civil
traffic offense and the penalty upon conviction
shall be forty dollars. (Ord. 575 § 11, 1991)
8 - 16
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Chapter 8.16
SOLID WASTE COLLECTION AND
DISPOSAL
Sections:
8.16.010
8.16.020
8.16.030
8.16.040
8.16.050
8.16.060
8.16.070
8.16.080
8.16.090
8.16.100
8.16.110
8.16.120
8.16.130
8.16.010
Solid waste division.
Definitions.
Prohibited practices.
Collection and disposal by
the city.
Receptacles.
Billing, collection and
rates.
Vehicles transporting solid
waste.
Fly-breeding conditions.
Rights of entry.
Conflict with other
ordinances or codes.
Violation—Penalty.
Enforcement.
Scheduled collections.
Solid waste division.
A. The solid waste division shall continue
and remain a part of the department of public
works. Reference to the department of public
works shall include the solid waste division.
B. The solid waste division shall: (1)
implement and enforce the provisions of this
chapter for the promotion of the public health
and safety; and (2) regulate and control the
storage, collection and disposal of all solid
waste originating within the City of Douglas.
(Ord. 657 § 1, 1995)
8.16.020
Definitions.
When used in this chapter, the following
words and phrases shall be defined as follows:
―Animal offal‖ includes meat scraps, bones,
or other wastes resulting from the processing of
animals for food, and dead animals to be
processed for their commercial value.
―Body wastes‖ means animal or human body
excrement.
―Class I solid waste‖ means all
nonputrescible solid wastes such as cinders,
ashes, wastepaper, excelsior, rags, wooden
boxes, cardboard boxes, or paper boxes,
bottles, broken ware, tin cans, metal scraps,
small mechanical parts, sawdust, shavings,
floor sweepings, cooler pads, and furnace
filters. (Ord. 830 § 1, 2003)
―Class II solid waste‖ means all
nonputrescible solid wastes, such as tree
trimmings, tree limbs, yard clippings grass
cuttings, palm fronds, weeds, shrubs, and
brush.
―Commercial establishment‖ means any
nonresidential buildings, structure or premises
and includes all businesses, institutions, motels,
hotels, governmental agencies, schools, nursing
homes and hospitals.
―Commercial solid waste‖ means any solid
waste produced by a commercial establishment.
―Debris‖ means leftover, superfluous,
disposable or unwanted material resulting from
construction, repair, demolition or clean up of
premises that is not class II solid waste.
―Explosives‖ means any chemical
compound or mechanical mixture commonly
used or intended for the purpose of producing
an explosion which contains any oxidizing and
combustive units or other ingredients in such
proportions, quantities or packing that an
ignition by fire, friction, percussion, or
detonator of any part of the compound or
mixture may cause such a sudden generation of
highly heated gases that the resulted gaseous
pressure are capable of producing destructive
8 - 17
5/1/03
effects on contiguous objects or destroying life
or limb.
―Flammable material or liquid‖ means any
material or liquid which has a flash point of
seventy degrees Fahrenheit or less, as
outlined in the Material Safety Data Sheet
(MSDS). (Ord. 830, § 1, 2003)
―Garbage‖ means all animal and vegetable
wastes resulting from the handling, preparation,
cooking or consumption of foods or such other
worthless offensive matter, the accumulation of
which may create a nuisance or be deleterious
to public health or offensive to sight or smell,
that is not ―class I solid waste.‖
―Hazardous waste‖ means:
1. Any waste or combination of wastes
which because of its quantity, concentration or
physical, chemical or infectious characteristics
may cause or significantly contribute to an
increase in mortality or an increase in serious,
irreversible or incapacitating reversible illness
or pose a substantial present or potential hazard
to human health or the environment if
improperly treated, stored, transported,
disposed of or otherwise managed; or
2. Any waste identified as hazardous
pursuant to A.R.S. Section 49-921 or other
applicable Arizona statute; or
3. A substance which has been determined
by the United States Department of
Transportation to be capable of posing an
unreasonable risk to health, safety and property
if transported in commerce; or
4. Any material identified as hazardous
pursuant to 42 U.S.C.A. Sections 6901, et seq.,
as amended, or other applicable federal statute
or regulation.
―Industry or industrial solid waste‖ means
that waste which is the byproduct of a
manufacturing process.
―Littering‖ or ―to litter‖ occurs when a
person throws, drops, places, discards or
otherwise deposits upon public property or the
property of another, other than in an authorized
waste receptacle, any paper, bottles, refuse,
garbage, trash, or other solid waste which he
does not immediately remove and which tends
to create a danger to the health, safety or
welfare or to impair the environment of the
residents of the city if so discarded.
―Permitted private collector‖ is an
individual, partnership, corporation or other
business which collects any item of waste as
defined in this section, on account of one or
more persons, commercial establishments,
premises or residences, for a fee or charge and
who may be required to possess a valid
business or occupational license and/or a
private collector permit or one who may
contract with the city pursuant to Section
8.16.040.
―Person‖ includes individuals, corporations,
commercial enterprises, or other entities.
―Premises‖ means land, buildings, or other
structures or parts thereof.
―Private collector permit‖ means a permit
issued to a permitted private collector by the
city clerk upon payment of all applicable fees,
whether established by this chapter or
otherwise, and upon the permitted private
collector having approval by a designated
person within the department of public works,
of all health and safety considerations relating
to the permitted private collector’s operation.
―Radioactive material‖ or ―radioactive
substance‖ means any substance which emits
ionizing radiation, including low-level
radioactive waste as defined in the
Southwestern Low-Level Radioactive Waste
Disposal Compact.
8 - 18
5/1/03
―Refuse‖ means all putrescible and
nonputrescible solid waste, including garbage,
animal offal, rubbish, trash, wastes, but not
including body wastes or debris.
―Residence‖ means any building or structure
used as a family domicile including any single
and multi-family dwelling units, apartments,
rooming houses, boarding houses and trailer
courts.
―Toxic chemicals‖ or ―toxic substances‖
means a substance, other than a radioactive
substance which has the capacity to produce
injury or illness to man through ingestion,
inhalation or absorption through any body
surface.
―Waste‖ means unwanted or superfluous
matter.
―Waste receptacle‖ means a container which
is made of galvanized metal or hard plastic, is
designed and intended to receive trash and
other solid waste, and is of watertight
construction with a tight fitting lid or cover
capable of preventing the escape of the
container’s contents. Such receptacles shall
have handles sufficiently strong for workers to
lift and empty the receptacles. The receptacles
shall be of not more than thirty-two gallons
capacity. (Ord. 704 § 1, 1997; Ord. 657 § 2,
1995)
8.16.030
Prohibited practices.
In addition to the prohibitions contained in
Chapter 8.32 and A.R.S. Sections 13-1603 and
49-791, it is unlawful:
A. For any person to deposit upon the
streets, alleys, public grounds or upon any
vacant lot in the city, any garbage, solid waste,
class I or II, or debris of any nature, except at
such times and places and under such
regulations as the solid waste division may
from time to time permit or adopt; or
B. For any person to litter within the city;
or
C. For any person to place refuse, garbage,
debris or other solid waste in a solid waste
receptacle or in a duly licensed waste collection
facility in such a manner as to allow the refuse,
garbage or other solid waste to be carried,
deposited or strewn in or upon any public place
or private premises; or
D. For any person not authorized by the
city to remove any solid waste or other material
from any existing collection routes; or
E. For any person not authorized by the
owner of a solid waste receptacle to remove
any solid waste from that receptacle; or
F. For any person to upset or tamper with a
solid waste receptacle or permit its contents to
be strewn, scattered or deposited upon any
public or private property. (Ord. 704 § 2, 1997:
Ord. 657 § 3, 1995)
8.16.040
Collection and disposal by
the city.
A. Except as otherwise provided in this
chapter, the collection and removal of any and
all solid waste herein provided shall be
performed exclusively by city or such
collection may be handled exclusively for the
city through a permitted private collector
approved by the city council with whom it shall
contract for a period not to exceed five years.
Any such contractor have the same right and
responsibility as does the city to remove and
dispose, as may be provided in said contract, of
all solid waste accumulated within the city
during the term of said contract.
B. The permitted private collector shall
have the same right and responsibility as does
8 - 19
5/1/03
the city to dispose of all solid waste by
approved methods as may be directed by the
city during the term of said contract. (Ord. 657
§ 4, 1995)
8.16.050
Receptacles.
A. Receptacles Required:
1. No owner, tenant, lessee or occupant of
any public or private premises shall place or
permit to accumulate upon his premises any
refuse, class I or II solid waste, or commercial
solid waste, except in waste receptacles that are
in good repair. A maximum of six (6) items
(receptacles, bags, boxes, or bundles) per
collection day shall be picked up at any one
time at the premise’s refuse collection site. The
owner, tenant, lessee or occupant shall own and
maintain sufficient receptacles
for the
deposition of class I and class II solid waste,
garbage, and refuse regularly generated by the
user.
Identifying addresses must be
affixed/painted on receptacles. The City is not
responsible for damage to receptacles which
may occur during trash collection. (Ord. 830 §
1, 2003)
2. Owner, tenant, lessee or occupant
may dispose of class I and class II solid waste,
garbage, and refuse not regularly generated by
the user in plastic garbage bags.
Garbage
bags shall not exceed the volume of a 32-gallon
container and the 65 pound weight limit. Each
bag shall count as one (1) item towards the sixitem limit per collection day. (Ord. 830 § 1,
2003)
3. It is unlawful for any person to dump or
deposit, or cause to be dumped or deposited
any refuse in any waste receptacle not owned
or maintained by him.
4. The lids or covers of waste receptacles
shall be kept securely in place at all times,
except when the refuse or solid waste is being
deposited or removed for collection, so that
flies and other insects may not have access to
the contents thereof.
B. Waste Receptacles for Class I and II
Solid Waste and Garbage for Residential Use.
1. Each owner, occupant, tenant or lessee
of any premises where solid waste is generated
and accumulates shall provide waste
receptacles for garbage and class I and II solid
waste. Total weight of each waste receptacle
and its contents shall not exceed sixty-five (65)
pounds. Waste receptacles shall be maintained
in a sanitary condition. Racks to hold the waste
receptacles shall be required if trash is found
repeatedly uncontained and in a littered state.
If rack is required, a written thirty-day notice to
comply shall be sent by first-class mail to the
owner, tenant, lessee or occupant who receives
the monthly statement of account. (Ord. 830 §
1, 2003)
2. Class I solid waste and garbage shall be
put in plastic bags before being placed in
approved waste receptacles. All household
garbage shall be drained of excess liquids.
(Ord. 830 § 1, 2003)
C. Disposal of Tree and Yard Trimmings.
Tree trimmings, branches and limbs may be
placed outside waste receptacles in the same
pick-up location as the receptacles, provided
that the trimmings, branches and limbs are cut
into no more than four-foot lengths and tied
into bundles not larger than eighteen inches in
diameter when placed out for collection. The
owner, tenant, lessee or occupant may dispose
of tree trimmings and yard clippings in plastic
garbage bags as long as bag is of sufficient
strength to ensure it does break and cause
contents to disperse during sanitation
collection.
Plastic garbage bag shall not
exceed the volume of a 32-gallon container and
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5/1/03
the sixty-five (65) pound weight limit. Each
bag shall count as one item towards the six (6)
item limit per collection day. Total weight of
any bundle shall not exceed sixty-five (65)
pounds. (Ord. 830 § 1, 2003)
D. Receptacles for Commercial Solid
Waste.
1. Each commercial establishment shall
provide solid waste receptacles as required for
residential class I solid waste unless another
type receptacle is approved by the department
of public works.
2. Each commercial establishment where
the volume of commercial solid waste cannot
be conveniently maintained in residential type
receptacles shall provide metal receptacles,
bins
or
enclosures
constructed
of
noncombustible material. These receptacles
shall be approved by the solid waste section
before being placed into service. Metal
receptacles shall have a minimum capacity of
one cubic yard and a maximum of eight cubic
yards (unless a greater capacity container is
approved by the solid waste section) and the
design thereof shall be compatible with the
type of collection equipment in use by the city.
All bins and enclosures shall have suitable
hatches, doors, and covers to prevent material
from overflowing, spilling or scattering onto
surrounding premises. All receptacles, bins, or
enclosures shall be maintained in a sanitary and
fire-preventive condition by the commercial
establishment.
E. Identification of Receptacles. Each
receptacle shall be clearly identified by
painting or otherwise marking the name or
address of the owner on the receptacle and lid.
F. Inspection of Receptacles. Regular
inspection of receptacles by the department of
public works shall be made to secure
compliance with this section. Owners or
occupants of the property upon which
violations of this section occur shall be notified
of such violations. Failure to cure such
violations of this section after an appropriate
warning shall be considered a violation of this
chapter and such receptacle may be
confiscated.
G. Placing for Collection.
1. All receptacles shall be placed at the
alley property line. The receptacles shall be
protected at all times against overturning by
dogs or other animals. Receptacles may be
placed either in the alley abutting the property,
in a recessed opening of the alley fence, or
within the premises at the alley property line;
provided that the receptacles are at all times
readily accessible to the collection agency.
2. Where there is a side entrance opening
upon a public street but no alley, receptacles
shall be placed on the premises and adjacent to
the property line on which the side entrance is
located at a point between fifty feet and
seventy-five feet back from the front property
line.
3. Where there is neither alley nor side
entrance, receptacles shall be placed on the
curb in front of the premises.
4. Receptacles shall not be permitted to
remain adjacent to the street or on the curb
except on regular collection days.
H. Containers, receptacles, bins or
enclosures used by a commercial establishment
shall be placed as follows:
1. Same
as
residential
receptacles/containers or elsewhere in side or rear
yards.
2. None shall be placed beneath a fire
escape or so as to restrict egress from an exit
door. None shall be placed under a street floor
window unless such window is of fire-resistant
construction.
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5/1/03
I. Special Handling of Refuse.
1. All large items of refuse such as boxes,
cartons, and crates over twenty-eight inches on
any one side shall be collapsed for easy
handling by collection crews. Bundles must be
securely tied and the total weight of a bundle
shall not exceed sixty-five (65) pounds. (Ord.
830 § 1, 2003)
2. Ashes shall not be placed in the same
receptacle with any flammable substance, but
shall be placed in separate metal containers of
the type required for garbage. Ashes shall be
soaked with water when necessary to
extinguish live embers and drained of excess
liquid before disposal. (Ord. 830 § 1, 2003)
3. Disposal of following types of refuse is
prohibited: Auto bodies, septic tank or cesspool
pumping, hazardous waste, toxic chemicals,
insecticides, pathological or biological waste,
carcasses of dead animals, radioactive material,
explosives, flammable material, dead batteries,
antifreeze, automobile oil, and automobile
parts. (Ord. 830 § 1, 2003)
4. It is the responsibility of the owner or
occupant of property to dispose of large bulk
items such as mattresses, appliances, furniture,
tree trunks, tires, etc. If an owner or occupant
of residential property desires, it can be
arranged for city crews to dispose of these bulk
items for an extra fee. The fee would be based
on a flat rate of fifteen dollars per pickup plus
transfer station fees in accordance with the
current county solid waste fee schedule for
residential user. Work is to be scheduled and
fees paid through the department of public
works prior to pickup.
5. Body wastes and debris shall not be
placed with refuse for collection, but shall be
disposed of directly by the person or persons
owning, occupying or leasing the premises
wherein such matter is accumulated; however,
body wastes of domestic pets may be placed
with refuse provided it is securely wrapped.
6. It shall be the responsibility of the owner
or occupant of property to dispose of all
building materials and construction rubbish or
debris accumulated as a result of any
construction operations on that property.
7. Industrial and construction solid waste
producers requiring collection outside the
regular collection periods set by the solid waste
division may arrange for disposal upon terms
and conditions approved in writing by the
director of public works. (Ord. 704 § 3, 1997;
Ord. 657 § 5, 1995)
8.16.060
Billing, collection and rates.
A. 1. The water division of the department
of public works is authorized and directed to
include the charges for solid waste collection
to its charge for water services and submit the
same on a bill prepared in connection with said
water services and the said water division shall
be authorized to discontinue services on both
water and solid waste services if the entire bill
is not paid. Said sums for solid waste collection
service shall become delinquent upon the same
dates as the water bill upon which the same is
charged. If said charge is not paid on or before
the payment delinquent date, the water service
of said premises shall be shut off and solid
waste collection stopped in the same manner as
provided for in the case of delinquency in the
payment of water bills.
2. All authorized solid waste charges, other
than those referred to in subsection (A)(1) of
this section shall be billed by and paid to the
water division on a monthly basis. All accounts
billed shall become delinquent and thus subject
to collection twenty days after the billing date.
8 - 22
5/1/03
3. No person or commercial establishment
within the city shall be permitted to avoid or
refuse to accept such solid waste collection and
disposal service, and the failure of any person
to accept such service shall not exempt him
from the payment of the charges herein set
forth.
B. Establishment of Rates for Solid Waste
Collection (effective December 12, 2008).
1. Single family residence and multifamily residence with individual water meter:
i. First year 2009: $15.50 per month.
ii. Second year 2010: $18.50 per month.
iii. Third year 2011: $20.00 per month.
iv. For the fourth and subsequent years, the
fees to be reviewed for possible revisions.
2. Multi-family developments without
individual water meters:
i. First year 2009: $15.50 per month for
the first occupied individual dwelling unit and
$14.50 for each additional individual unit,
whether occupied or not;
ii. Second year 2010: $18.50 per month for
the first occupied individual dwelling unit and
$17.50 for each additional individual unit,
whether occupied or not;
iii. Third year 2011: $20.00 per month for
the first occupied individual dwelling unit and
$19.00 for each additional individual unit,
whether occupied or not;
iv. For the fourth and subsequent years, the
fees to be reviewed for possible revisions.
3. Each mobile home or trailer space,
whether occupied or not, in a mobile home
court or trailer park:
i. First year 2009: $15.50 per month.
ii. Second year 2010: $18.50 per month.
iii. Third year 2011: $20.00 per month.
iv. For the fourth and subsequent years, the
fess to be reviewed for possible revisions.
8 - 23
4. For commercial establishments, a
flat monthly fee for solid waste collection shall
be assessed and charged at the following rates
per account:
i. First year 2009: $29.00
ii. Second year 2010: $35.00
iii. Third year 2011: $37.50
iv. For the fourth and subsequent years, the
fees to be reviewed for possible revisions.
C. Minimum Fees.
The following minimum monthly fees
shall be charged and collected whether the City
solid waste collection service or an outside
collection service is used:
1. Single family residences, multifamily residences with three or fewer units,
and mobile home courts/trailer parks with three
or fewer units shall be charged the monthly
rates as a minimum fee per unit as set out in
Section 8.16.060 (B).
2. Commercial establishments,
multi-family residences with four or more units
and mobile home/trailer courts with four or
more units shall be charged the monthly rates
as a minimum fee per unit set out in Section
8.16.060 (B) unless the City Public Works
Department is notified by a commercial
establishment in writing that an outside
collection service has been retained to provide
collection services, in which case the minimum
service charge shall be $24.00 per month for
the first year 2009, $26.00 per month for the
second year 2010, $28.00 per month for the
third year 2011 and for the fourth and
subsequent years the fees to be reviewed for
possible revisions.
D. Other Provisions for Collection.
1. Notwithstanding any provision of this
chapter to the contrary, any owner, tenant,
lessee, occupant, or person in possession of any
building, structure, or premises within the city
06/10/2009
shall have the right to dispose of his solid waste
in a manner and at a place approved by the
department of public works or, when allowed
by this chapter, engage the services of a
permitted private collector.
2. Any such person shall dispose of their
solid waste at the Cochise County Transfer
Station and in a manner consistent with the
provisions of this chapter. (Ord. 830 § 1, 2003;
Ord. 657 § 6, 1995); (Ord. 707 § 2, 1997);
(Ord. 08-946 § 2, 2008)(Ord. 09-960 § 2, 2009)
8.16.070
Vehicles transporting solid
waste.
It is unlawful for any person or permitted
private collector to haul or cause to be hauled
on or along any public street or alley any waste
unless it shall be contained in vehicles or
receptacles so constructed as to prevent the
contents from falling, leaking or spilling or any
noxious odor escaping therefrom and to prevent
any flies, insects, or rodents from having access
to the contents. Such vehicles or receptacles
shall be constructed and maintained in the
manner prescribed by the department of public
works. Every person hauling any refuse along
any street or alley shall replace immediately in
the conveyance used for such hauling any of
the contents which may fall therefrom in or
upon any street, alley or public or private
premises. (Ord. 657 § 7, 1995)
waste, animal offal, carcasses of dead animals
and any other conditions wherein houseflies or
other flies will breed.
B. Fly-Breeding Conditions Declared
Nuisance—Abatement. Any condition wherein
flies breed is declared to be a public nuisance.
Any person who, upon written notification of
the department of public works, its authorized
agent or the sanitation officer, fails purposely
to abate such nuisance shall be in violation of
this chapter. The nuisance shall be abated and
removed by the department of public works at
the expense of such person. (Ord. 657 § 8,
1995)
8.16.090
The department of public works or its
authorized agent shall be and are hereby
authorized to enter into or upon any premises
within the corporate limits of the city for the
purpose of making necessary inspections and
issuing notices, instructions or citations for any
and all violations of the provisions of this
chapter. This Section shall not limit the right
of representatives of the public health
department, the fire department, or other
departments from inspecting the premises of
any commercial establishment and enforcing
abatement of unsanitary or unsafe conditions
found therein. (Ord. 657 § 9, 1995)
8.16.100
8.16.080
Fly-breeding conditions.
A. Premises to be Kept Free of FlyBreeding Substances. It shall be the
responsibility of every owner, lessee or tenant
of any premises within the city to keep the
premises at all times clean and inoffensive and
free from any accumulation of garbage, refuse,
ashes, rubbish, putrescible wastes, vegetable
8 - 24
Rights of entry.
Conflict with other
ordinances or codes.
Whenever the provisions of this chapter
shall conflict with any other provisions of this
code or other ordinance, the provisions of this
chapter shall prevail. (Ord. 657 § 10, 1995)
06/10/2009
8.16.110
Violation—Penalty.
A. Any person violating this chapter by
littering material other than glass bottles shall
be fined not less than fifty dollars ($50.00)
nor more than two thousand five hundred
dollars ($2,500.00) for each offense, and a
separate offense shall be deemed committed on
each day during or on which a violation occurs.
B. Any person violating this chapter by
littering glass bottles and/or other glass
materials shall be fined no less than five
hundred dollars nor more than two thousand
five hundred dollars for each offense and a
separate offense shall be deemed committed on
each day during or on which a violation occurs.
C.
In addition to any other penalty
imposed, any person found guilty of violating
the provisions of this chapter shall be liable for
the payment of all costs incurred by the City
which are caused by that violation. ( Ord. 830 §
1, 2003; Ord. 704 § 4, 1997; Ord. 657 § 11,
1995)
8.16.120
Enforcement.
A. 1. When the owner, lessee, tenant or
other possessor of land being served under the
provisions of this chapter has had charges or
penalties assessed against them, and payment
has not been received, the city clerk may assign
the account to a bona fide collection agency or
institute legal action for the recovery of the
amount due, in addition to a reasonable
attorney’s fee, court costs, and all reasonable
expenses of collection.
2. The city may also apply for a lien and
foreclosure thereof as hereinafter provided.
3. The provision of the city of Douglas
Water and Sewer Code, 1975, adopted by
Ordinance No. 405 of the city of Douglas, and
8 - 25
specifically, Section 6-4 entitled ―Imposition of
lien upon property served for failure to pay for
water, material, labor or other service,‖ is
incorporated in this chapter by reference
thereto and whenever any charges, expenses or
penalties are imposed by this chapter, they may
be implemented by the use of the provisions
contained in Section 6-4 of the aforesaid
Douglas Water and Sewer Code. There are on
deposit with the city clerk at least three copies
of the Douglas Water and Sewer Code and the
specific section being adopted hereby.
B. The city manager, or his designee, shall
have authority to issue citations for violations
of this chapter. He shall have the authority to
designate agents, including sanitation workers,
who shall have authority to issue citations for
violations of this chapter. (Ord. 830 § 1, 2003;
Ord. 657 § 12, 1995)
8.16.130
Scheduled collections.
The minimum solid waste collections per
billing period shall be as follows:
A. Residential, multiple-dwelling, trailer
courts and mobile homes: eight collections.
B. Restaurants, taverns, food establishments, commercial, business and industrial:
sixteen collections. (Ord. 657 § 13, 1995)
05/01/2003
Chapter 8.20
of Environmental Quality or other appropriate
agency. (Ord. 582 § 3, 1991)
OPEN BURNING
8.20.040
Sections:
8.20.010
8.20.020
8.20.030
8.20.040
8.20.050
8.20.060
8.20.010
Permit issuance.
Air pollution.
Enforcement.
Permit—Fees.
Violation—Penalty.
Civil citation-authority
to issue
Permit issuance.
In order to have authority to authorize the
issuance of open burning permits, the chief of
the Douglas fire department, or his designee,
shall apply to the Arizona Department of
Environmental Quality as needed for a
delegation of authority to issue open burning
permits. (Ord. 582 § 1, 1991)
8.20.020
Air pollution.
The chief of the Douglas fire department or
his designee shall at all times be conversant
with state and federal laws and agency
regulations dealing with air pollution
regulations on open burning. (Ord. 582 § 2,
1991)
8.20.030
Enforcement.
Upon delegation of authority by the Arizona
Department of Environmental Quality, or any
other appropriate state or federal agency, the
Douglas fire department, through the chief or
his designated employee, shall be responsible
for the enforcement of open burning limitations
within the city limits of the city of Douglas and
shall report any violations of the air pollution
regulations on open burning to the Department
8 - 26
Permit—Fees.
Whenever a permit is required to be issued
for open burning other than to a state, federal,
county, school district or municipal
government, application fees shall be paid for
each application and permit. The fee shall be
ten dollars per application, except that the fees
for permits for open burning at or relating to
construction sites, or for commercial or
business premises shall be thirty-five dollars
per application and permit. All fees shall be
paid to the city treasurer at or before the
issuance of any permit. (Ord. 08-932 § 1, 2008;
Ord. 582 § 4, 1991)
8.20.050
Violation---Penalty.
A. Any person, business, or corporation
violating any provision of this chapter shall be
guilty of a civil violation.
B. Upon the court finding a person
responsible for a civil violation of this
chapter, the court shall impose a fine in an
amount not less than fifty dollars ($50.00) nor
more than one thousand dollars ($1,000.00)
for each violation. The imposition of a fine
for civil violations or civil infractions shall
not be suspended.
8.20.060 Civil citation – authority to issue.
The City manager, or his designee, shall
appoint code enforcement officers who shall
be empowered to issue civil citations and
commence proceedings before a judge of the
municipal court for any violation of this
chapter. (Ord. 08-932 § 3, 2008)
8/16/2008
Chapter 8.24
SMOKING PROHIBITED IN CITY
FACILITIES AND VEHICLES
Sections:
8.24.010
8.24.020
8.24.030
8.24.040
8.24.050
8.24.060
8.24.010
Definitions.
City facilities and
vehicles—Signage.
Smoking optional areas.
Protection of nonsmokers.
Interpretation—
Severability.
Violation—Penalty.
Definitions.
The following words and phrases, whenever
used in this chapter, shall be construed as set
forth herein:
A. ―Enclosed area‖ means any area closed
in by a roof and walls with openings for ingress
and egress.
B. ―Smoking‖ means lighting or burning
tobacco or any other weed or plant; possessing
any lighted cigar, cigarette, tobacco or any
other weed or plant; possessing any lighted
pipe or any other type of lighted smoking
equipment; and placing any burning tobacco,
weed or plant in an ashtray or other receptacle
and allowing smoke to diffuse into the air.
(Ord. 613 § 1, 1993)
8.24.020
City facilities and vehicles—
Signage.
A. Smoking is prohibited in all vehicles,
buildings, facilities or other enclosed areas
owned, leased by or otherwise operated by the
city.
8 - 27
B. ―No Smoking‖ signs shall be
conspicuously posted and maintained in each
area in which smoking is controlled by this
chapter. Such signs shall include a reference to
the ordinance codified in this chapter by
number and a reference to the fine and may
include the international ―No Smoking‖ symbol
(consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a
red bar across it). (Ord. 613 § 2, 1993)
8.24.030
Smoking optional areas.
Notwithstanding any other provision herein
to the contrary, the following areas shall not be
subject to the smoking prohibitions of this
chapter: facilities, buildings and other areas
which are owned by the city but leased to or
otherwise operated by an entity other than the
city, such as the facilities operated by the
Douglas Golf Club. (Ord. 613 § 3, 1993)
8.24.040
Protection of nonsmokers.
It is the policy of the city to encourage all
businesses and nonprofit organizations to make
every reasonable effort to protect nonsmokers
from the hazardous effects of sidestream or
secondhand smoke. (Ord. 613 § 4, 1993)
8.24.050
Interpretation—Severability.
A. This chapter shall not be interpreted or
construed to permit smoking where it is
otherwise prohibited or restricted by any other
applicable law or regulation.
B. If any provision or clause of this chapter
or the application thereof to any person or
circumstance is held to be invalid or
unenforceable for any reason by a court of
competent jurisdiction, such invalidity shall not
affect other provisions, clauses or applications
thereof which can be implemented without the
05/01/2003
invalid provision, clause or application, and to
this end the provisions and clauses of this
chapter are declared to be severable. (Ord. 613
§ 5, 1993)
8.24.060
Violation—Penalty.
It shall be unlawful for any person to violate
any provision of this chapter which prohibits
smoking and any such violation shall be
punishable by a fine of fifty dollars. (Ord. 613
§ 6, 1993)
8 - 28
05/01/2003
Chapter 8.28
NOISE
Sections:
8.28.010
8.28.020
8.28.030
8.28.040
8.28.050
8.28.060
8.28.070
8.28.010
Definitions.
Prohibitions—General.
Prohibitions—Specific.
Temporary exemptions.
Exceptions.
Interpretation—
Severability.
Violation—Penalty.
Definitions.
The following words and phrases, whenever
used in this chapter, shall be construed as set
forth herein:
A. ―Commercial area‖ means any area
within a district zoned office, business, industry
or special use.
B. ―Construction‖ means any site
preparation, assembly, erection, substantial
repair, alteration, or similar action, for or on
public or private property, rights-of-way,
structures, utilities or other property.
C. ―Demolition‖ means any dismantling or
intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces
or similar property.
D. ―Emergency‖ means any occurrence or
set of circumstances involving actual or
imminent physical trauma or property damage
or loss which demands immediate action.
E. ―Emergency work‖ means any work
performed for the purpose of preventing or
alleviating the physical trauma or property
damage threatened or caused by an emergency.
F. ―Motor vehicle’ has the same meaning
as provided by A.R.S. Section 28-101.
8 - 29
G. ―Noise sensitive zones‖ means areas
immediately surrounding schools, institutions
of learning, libraries, places of religious
worship, hospitals, nursing homes and courts
which conspicuously display signs indicating
that those areas are so designated.
H. ―Person‖ means any individual,
association, partnership or corporation.
I. ―Powered model vehicle‖ means any
self-propelled airborne, waterborne, or
landborne plane, vessel or vehicle which is not
designed to carry persons, including, but not
limited to, any model airplane, boat, car or
rocket.
J. ―Public right-of-way‖ means any street,
avenue, boulevard, highway, sidewalk or alley.
K. ―Real property boundary‖ means the
property line along the ground surface and its
vertical extension, which separates the real
property owned by one person or public entity
from that owned by another person or public
entity.
L. ―Residential‖ or ―Residential area‖
means any area within a district zoned as
single-family or multifamily or property upon
which a hotel, motel, boarding house or other
building which contain sleeping facilities is
located.
M. ―Unreasonable noise‖ means any sound
which (1) annoys or disturbs a reasonable
person of normal sensitivities; or (2) endangers
or injures the safety or health of humans or
animals; or (3) endangers or injures personal or
real property. (Ord. 616 § 1, 1993)
8.28.020
Prohibitions—General.
In addition to the specific prohibitions
contained herein, it is unlawful for any person
to make, continue, or cause to be made or
continued, or to permit an unreasonable noise.
05/01/2003
Noncommercial public speaking and public
assembly activities conducted on any public
space or public right-of-way shall be exempt
from the operation of this section. (Ord. 616
§ 2, 1993)
8.28.030
Prohibitions—Specific.
The following acts, and the causing or
permitting thereof, are declared to be in
violation of this chapter:
A. Radios, Televisions, Musical Instruments and Similar Devices. Operating, using,
playing or permitting the operation, use or
playing of any radio, television, phonograph,
tape or CD player, musical instrument, sound
amplifier, or similar device which produces,
reproduces or amplifies sound:
1. Between the hours of ten p.m. and six
a.m. the following day in such a manner as to
create an unreasonable noise across a
residential real property boundary or within a
noise sensitive zone; or
2. On any public right-of-way or on any
public property (such as parks) if the sound
generated is audible at a distance of thirty feet
from the device producing the sound.
B. Loudspeakers and Public Address
Systems. Using or operating for any purpose
any loudspeaker, public address system, paging
system, mobile sound system or similar device:
1. Such that the sound therefrom creates an
unreasonable noise across a real property
boundary or within a noise sensitive zone; or
2. Between the hours of ten p.m. and six
a.m. the following day on a public right-of-way
or on any public property.
3. This subsection shall not apply to the
reasonable use of such devices at regularly
scheduled events at stadiums and sports arenas.
8 - 30
C. Loading or Unloading. Loading,
unloading, opening, closing or other handling
of boxes, crates, containers, building materials,
garbage cans, or similar objects between the
hours of ten p.m. and six a.m. the following
day in such a manner to cause an unreasonable
noise across a residential real property
boundary or within a noise sensitive zone.
D. Construction. Operating, using or
permitting the operation or use of any tools or
equipment in construction, drilling or
demolition work:
1. Between the hours of ten p.m. and
sunrise the following day on weekdays or at
any time on weekends or holidays, such that
the sound therefrom creates an unreasonable
noise across a residential real property
boundary or within a noise sensitive zone,
except for emergency work;
2. This subsection shall not apply to the
use of domestic power tools subject to
subsection E of this section.
E. Domestic Power Tools. Operating or
permitting the operation of any mechanically
powered saw, sander, drill, grinder, lawn or
garden tool or similar device used outdoors in
residential areas between the hours of ten p.m.
and six a.m. the following day so as to cause an
unreasonable noise across a residential real
property boundary.
F. Vehicle or Motorboat Repairs and
Testing. Repairing, rebuilding, modifying or
testing any motor vehicles, motorcycle or
motorboat in such a manner as to cause an
unreasonable noise across a residential property
boundary or within a noise sensitive zone.
G. Explosives, Firearms and Similar
Devices. The use or firing of explosives,
firearms or similar devices which create an
impulsive sound so as to cause an unreasonable
05/01/2003
noise across a real property boundary or on a
public right-of-way or other public property.
H. Powered Model Vehicles. Operating or
permitting the operation of powered model
vehicles so as to create an unreasonable noise
across a residential real property boundary or
within a noise sensitive zone between the hours
of ten p.m. and six a.m. the following day.
I. Stationary Nonemergency Signaling
Devices. Sounding or permitting the sounding
outdoors of any signal from any stationary bell,
chime, siren, whistle or similar device,
intended primarily for nonemergency purposes:
1. For more than one minute in any hourly
period in a commercial area; or
2. Between the hours of ten p.m. and six
a.m. the following day when such devices
cause an unreasonable noise across a residential
real property boundary;
3. Devices used in conjunction with places
of religious worship shall be exempt from the
operation of this subsection.
J. Emergency Signaling Devices.
1. The intentional sounding or permitting
the sounding outdoors of any fire, burglar, or
civil defense alarm, siren, whistle or similar
stationary emergency signaling device, except
for emergency purposes or for testing. In no
event shall such testing occur between the
hours of ten p.m. and six a.m. the following
day; or
2. Sounding or permitting the sounding of
any exterior burglar alarm or any motor vehicle
alarm unless such alarm is terminated within
six minutes of activation.
K. Tampering. The following acts or
causing thereof are unlawful:
1. The removal or rendering inoperative by
any person other than for purposes of
maintenance, repair or replacement of any
noise control device; or
8 - 31
2. The use of a product which has had a
noise control device removed or rendered
inoperative, with knowledge that such action
has occurred.
L. Noise Sensitive Zones. The creation of
any sound which causes an unreasonable noise
within such zones and which unreasonably
interferes with the function of the institutions in
such zones.
M. Animals. Permitting any excessive and
unrestrained sound created by any animal
which causes an unreasonable noise across a
residential real property boundary. (Ord. 616
§ 3, 1993)
8.28.040
Temporary exemptions.
The city manager may grant a temporary
exemption from the provisions of this chapter
when doing so would be in the public interest.
Among the activities which may be authorized
by the city manager are:
A. Parades, concerts, festivals, fairs and
similar activities;
B. Athletic, musical or cultural activities or
events; and
C. Construction and demolition work under
unusual conditions. (Ord. 616 § 4, 1993)
8.28.050
Exceptions.
Notwithstanding anything to the contrary
herein, the provisions of this chapter shall not
apply to the following:
A. Officers, employees, departments,
agencies and instrumentalities of the United
States, the state of Arizona and any political
subdivision of this state at such time as the
aforesaid are engaged in their official duties or
functions;
B. The emission of sound for the purpose
of alerting persons to the existence of an
05/01/2003
emergency or for the performance of
emergency work; and
C. Nonamplified crowd noises resulting
from the planned activities of schools or
community organizations. (Ord. 616 § 5, 1993)
8.28.060
Interpretation—Severability.
A. No provision of this chapter shall be
construed to impair any common law or
statutory cause of action, or legal or equitable
remedy therefrom, of any person for injury or
damage arising from any violation of this
chapter or from other law.
B. If any provision or clause of this chapter
or the application thereof to any person or
circumstance is held to be invalid or
unenforceable for any reason by a court of
competent jurisdiction, such invalidity shall not
affect other provisions, clauses or applications
thereof which can be implemented without the
invalid provision, clause or application, and to
this end the provisions and clauses of this
chapter are declared to be severable. (Ord. 616
§ 7, 1993)
8.28.070
Violation—Penalty.
It is unlawful for any person to violate any
provision of this chapter and any such violation
shall constitute a Class 3 misdemeanor to be
punishable by a fine of not more than five
hundred dollars or thirty days of incarceration
or both. (Ord. 616 § 6, 1993)
8 - 32
05/01/2003
8.32.180
Chapter 8.32
leaving junk vehicles on
private property unlawful.
NUISANCES, LITTER, ABANDONED
OR JUNK VEHICLES
Sections:
8.32.010
8.32.015
8.32.020
8.32.030
8.32.040
8.32.050
8.32.060
8.32.070
8.32.080
8.32.090
8.32.110
8.32.120
8.32.130
8.32.140
8.32.150
8.32.160
8.32.170
Storing, parking or
Article I.
Purpose, scope.
Definitions.
Defendants and
responsible parties.
Public nuisance defined.
Public nuisances
designated.
Parking in front yard.
Littering in public places
prohibited.
Placement of litter in
receptacles.
Depositing litter in gutters
prohibited.
Throwing litter from
vehicles prohibited.
Littering on parks
prohibited.
Littering on private
property prohibited.
Private property owner to
maintain premises.
Public rights-of-way --owner of adjacent property
to maintain.
Littering on vacant lots
prohibited.
Unsightly premises
prohibited.
Accumulation of litter on
construction/demolition site
prohibited.
8 - 33
8.32.190
Parking vehicles on public
right-of-way unlawful.
8.32.200
8.32.210
Cesspools in city prohibited.
Failure to provide evidence
of identity.
Remedies not exclusive.
Each day is a separate
violation.
8.32.220
8.32.230
8.32.240
Alternative enforcement
measures.
8.32.250 Violation – penalty.
8.32.260 Civil citation – authority to
issue.
8.32.265 Rights of entry.
8.32.270 Habitual offender.
Article II. Abatement
8.32.280 Definitions.
8.32.290 Abatement.
8.32.300 Emergency abatement.
8.32.310 Abatement in other cases.
8.32.315 Abatement notice.
8.32.320 Abatement by owner.
8.32.330 Satisfaction of assessment
for abatement.
8.32.340 Assessments run with the
land and due in equal
payments with interest.
8.32.350 Abatement is additional
remedy for violations.
Article III.
Appeals for notice to
Abate, emergency abatement
action or assessment
8.32.360 Definitions.
8.32.370 Procedure for appeals to
05/01/2003
building board of appeals.
Failure to timely file deemed
a waiver of appeal.
8.32.390 Contents of request for
appeal and appeal fee.
8.32.400 Matters on appeal.
8.32.410 Procedure on appeal.
8.32.420 Determination of hearing
officer.
8.32.430 Stay of order during appeal
to hearing officer.
8.32.440 Personal liability of owner.
8.32.380
Article I.
8.32.10
Purpose; scope.
A. The purpose of this chapter is to
promote the health safety, economic,
aesthetic, and general welfare of the citizens
of the city, and to protect neighborhoods
against nuisances, blight and deterioration by
establishing requirements for maintenance of
all building exteriors, whether residential or
non-residential, or structures of whatever
kind, and establishing requirements for the
maintenance of all land, whether improved or
vacant.
B. This chapter shall apply to all buildings,
structures, and lands within the city without
regard to the use, the date of construction or
alteration. (Ord. 826 § 1, 2003)
8.32.015 Definitions.
Unless otherwise specified, the
following words shall have the meanings
provided below.
―Abandoned or junk vehicle‖ means any
motor vehicle or major portion thereof, the
condition of which is wrecked, dismantled,
partially dismantled, inoperative, incapable of
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movement under its own power, or from which
the wheels, engine, transmission or other
substantial part thereof has been removed.
―Attractive nuisance‖ means the maintaining
of a condition, instrumentality, machine, or
other agency which is dangerous to young
children because of their inability to appreciate
peril and which may reasonably be expected to
attract them.
―Authorized private receptacle‖ means a
litter storage and collection receptacle as
required and authorized in this chapter.
―Blight or blighted‖ means unsightly
conditions including, but not limited to the
accumulation of debris; fences characterized by
holes, breaks, rot, crumbling, cracking, peeling,
or rusting; landscaping that is dead, damaged,
characterized by uncontrolled growth or lack of
maintenance, and any other similar conditions
of disrepair and deterioration that contribute to
the depreciation of neighborhood property
values or affect the health, safety, economic,
aesthetic, or general welfare of citizens.
―Building‖ means any structure used or
intended for supporting or sheltering any use or
occupancy.
―Debris‖ means junk, lumber, furniture,
furniture parts, stoves, sinks, cabinets,
household fixtures, refrigerators, car parts,
abandoned, broken or neglected equipment, or
the scattered remains of something of little or
no apparent economic value.
―Deteriorated or deterioration‖ means a
lowering in quality in the condition or
appearance of a building or structure or parts
thereof. The fact or process of decay or
degeneration, characterized by holes, breaks,
rot, crumbling cracking, peeling, rusting,
vermin infestation, unsafe or unsanitary
conditions, or any other evidence of physical
05/01/2003
decay or neglect or excessive use or lack of
maintenance.
―Exterior surfaces‖ means building exterior
surfaces and attachments to the building,
including but not limited to, walls, roofs, doors,
windows, gutters, down spouts, antennas,
porches, garages, patios, and chimneys.
―Front yard‖ means a yard extending across
the full width of the lot, and having a depth
equal to the horizontal distance between the
nearest point of the main building and the front
lot line, measured at right angles to the front lot
line.
―Garbage‖ means any spoiled or discarded
animal or vegetable material resulting from the
handling, preparation, cooking, or consumption
of food for humans or animals, as well as other
organic waste material subject to rapid
decomposition.
―Imminent hazard‖ means a condition that
presents an immediate likelihood for causing
serious personal harm due to a condition of
incompletion, deterioration, breaking, leaking,
exposure, blight, or scattered with debris, litter,
or garbage.
―Improved Parking Area‖ means an area
covered by an all-weather, dust-free surface,
properly drained to prevent impoundment of
surface water.
―Land‖ means all land in the city whether
improved or unimproved.
―Litter‖ means garbage, refuse, debris,
rubbish and all other waste material which, if
thrown or deposited in such a manner
prohibited by this chapter, tends to create a
danger to public health, safety and welfare.
(Ord. 851 § 1, 2004)
―Major repair‖ means the removal from any
vehicle of a major portion thereof including,
but not limited to, the differential, transmission,
head, engine block or oil pan.
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―Motor vehicle‖ means any vehicle which is
self-propelled and designed to travel along the
ground and includes, but is not limited to,
automobiles, motor homes, buses, motor bikes,
motorcycles, motor scooters and trucks, which
are required to be registered and licensed with
the Arizona Department of Motor Vehicles.
―Person‖ means a human being, enterprise,
corporation, association, partnership, firm or
society.
―Private property‖ means any real property
not owned by the federal government, state,
county, city or political subdivision of the state.
―Public place‖ means any street, sidewalk,
boulevard, alley or other public way and any
public park, square, space, ground or building.
―Recreational vehicle‖ means a vehicular
type portable structure without permanent
foundation, which can be towed, hauled or
driven primarily designed as a temporary living
accommodation for recreational, camping and
travel use and including but not limited to
travel trailers, truck campers, camping trailers
and self-propelled motor homes.
―Refuse‖ means all solid wastes except body
wastes, including garbage, rubbish, ashes,
waste oil, street cleanings, dead animals,
abandoned, wrecked or junked vehicles or parts
thereof and solid market and industrial wastes.
―Rubbish‖ means solid waste consisting of
both combustible and noncombustible waste,
such as paper, wrappings, weeds, cigarettes,
cardboard, tin cans, yard clippings, leaves,
metal, wood, glass, bedding, crockery,
construction materials, and similar materials.
―Utility Trailer‖ means a vehicle without
motive power designed for carrying property
and for being drawn by a motor vehicle.
―Watercraft‖ means any craft or vehicle
specifically designed for use on water such as,
2/14/04
but not limited to, a boat, canoe, jet ski,
Pontoon or similar type craft.
―Weeds‖ mean poison oak, poison ivy, or
any noxious or toxic weeds; or uncultivated
plants or shrubs, tall grass, or growth higher
than twelve (12) inches, or which presents a
fire hazard. (Ord. 826 § 1, 2003)
8.32.020
Defendants and responsible
parties.
A. Any person who causes, permits,
facilitates, aids, or abets any violation of this
chapter or who fails to perform any act or duty
required pursuant to this chapter is subject to
the enforcement provisions of this chapter.
B. Any person who is the owner,
occupant, lessor, lessee, manager, agent or
other with an interest in a building, structure or
parcel of land in violation of this chapter is
jointly and severally responsible for the
violation, the prescribed civil or criminal
sanctions, and for abating the violation.
C. The owner of record, as recorded in the
county recorder’s office, of the property upon
which the violation of this chapter exists shall
be presumed to be the person having lawful
control over the structure or parcel of land. If
more than one person shall be recorded as the
owner of the property, such persons shall be
jointly and severally presumed to be persons
having lawful control over a structure or parcel
of land. This presumption shall not prevent the
enforcement of the provisions of this chapter
against any person specified in subsection (A)
or (B) of this section. (Ord. 826 § 1, 2003)
8.32.030 Public nuisance defined.
For the purposes of this chapter, the term
―public nuisance‖ shall be defined as any fence,
wall, shed, deck, house, garage, building,
structure or any part of any of the aforesaid; or
any tree, pole, smokestack; or any excavation,
hole, pit, basement, cellar, sidewalk subspace,
dock; or any lot, land, yard, premises or
location which in its entirety, or in any part
thereof, by reason of the condition in which the
same is found or permitted to be or remain,
shall or may endanger the health, safety, life,
limb or property, or cause any hurt, harm,
inconvenience, discomfort, damage or injury to
any one or more individuals in the city, in any
one or more of the following ways:
(1) By reason of being a menace, threat
and/or hazard to the general health and safety
of the community.
(2) By reason of being a fire hazard.
(3) By reason of being unsafe for
occupancy, or use on, in upon, about or around
the aforesaid property.
(4) By reason of lack of sufficient or
adequate maintenance of the property, and/or
being vacant, any of which depreciates the
enjoyment and use of the property in the
immediate vicinity to such an extent that it is
harmful to the community in which such
property is situated or such condition exists.
8.32.040 Public nuisances designated.
It shall be unlawful and a violation of this
chapter for any person to erect, maintain, use,
place, deposit, cause, allow, leave or permit to
be or remain in or upon any private property,
land, lot, building, structure or premises, or in
or upon any public place, right-of-way, street,
avenue, alley, easement, park, or other place in
the city any one or more of the following:
A. Allowing premises to become
unsanitary, a fire menace or a danger to health
and safety through the accumulation, growth,
storage, or retention of garbage, refuse,
rubbish, weeds or other accumulation of filth or
debris.
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5/1/03
B. Creating an environment favorable to
the harboring of insects and vermin, and/or a
fire hazard, by allowing the growth of weeds
or grass in excess of twelve (12) inches in
height. Uncultivated natural growth in areas
designated by the public works director as
―natural areas‖ are excepted from this
provision.
C. Permitting pools of water or other
liquids to accumulate and remain upon the
premises and become stagnant and foul. This
provision shall not apply to natural drainages or
drainages connected with streets or other public
rights-of-way.
D. Retaining a blighted, dilapidated,
deteriorated and/or dangerous building, shed,
fence or other manmade structure which by
reason of age, fire, faulty construction, lack of
proper repair or any other cause is in such a
condition that it constitutes an attractive
nuisance to children or that its strength or
stability is substantially less than a well
constructed new building or it is likely to burn
or collapse in whole or in part and its condition
endangers the life, health, safety or property of
the public, including but not limited to, any old
abandoned or partially destroyed building or
structure, or any building or structure
commenced and abandoned.
E. Maintaining the unsheltered storage for
fifteen (15) consecutive days or more of
inoperable, junked, partially dismantled,
discarded, motor vehicles and other objects
such as appliances, machinery, implements
and/or equipment which are no longer safely
usable for the purposes for which manufactured
(hereinafter collectively referred to as
―personal property objects‖), and which are
visible from ground level beyond the boundary
of the property. This definition shall not
include personal property objects in a storage
area, repair shop, or other business enterprise in
which the presence of such objects is necessary
to the operation of the business and the
business is operated in a lawful place and
manner and in compliance with applicable
zoning laws.
F. Leaving or permitting any unguarded,
uncovered, unprotected or abandoned
excavation, pit, well or hole dangerous to life
or constituting an attractive nuisance to
children.
G. Permitting the use of any building or
premises in a way that permits or causes
noxious exhalations which are discomforting,
offensive or detrimental to the health of
individuals or the public, including but not
limited to, smoke, soot, dust, fumes, gases or
other offensive odors or annoyances.
H. Leaving or permitting to remain outside
of any dwelling, building or other structure, or
within any unoccupied or abandoned building,
dwelling or other structure under the control of
any person and in a place accessible to
children, any abandoned, unattended or
discarded ice box, refrigerator or other
container which has an airtight door or lid,
snaplock or other locking device which may
not be released from the inside, without first
removing the door or lid, snaplock, or other
locking device from the ice box, refrigerator or
container.
I. Leaving any dwelling, building or other
structure, whether occupied or unoccupied,
with a damaged and/or open door, window, or
other opening not secured to prevent entry to
persons, animals, birds or vermin.
J. Causing, allowing or permitting any
artificial illumination of such intensity to
reflect beyond the property line onto adjacent
public or private property as to interfere
substantially with the use and enjoyment of the
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5/1/03
property so as to constitute a nuisance, hazard
or threat to the public health, safety, and
welfare. (Ord. 826 § 1. 2003
8.32.050
Parking in front yard.
A. It shall be unlawful to park or store
any motor vehicle, recreational vehicle,
watercraft, or utility trailer within the front
yard of a single or multi-family dwelling;
except a motor vehicle, other than a
recreational vehicle, may be parked on an
improved parking area in the front yard
provided that the improved parking area does
not exceed a maximum of fifty percent of the
combined area of the front yard.
B. An exemption to subpart (A) shall be
granted by the public works director: (1) when
recreational vehicle, watercraft, or utility trailer
has no back yard access and side yard fence
does not allow parking in side yard without
protruding into front yard; and (2) when
parked on an improved parking area of the
front yard. (Ord. 826 § 1, 2003)
8.32.060
Littering in public places
prohibited.
No person shall throw or deposit litter in or
upon any street, sidewalk, alley or other public
place within the City except in public
receptacles, or in authorized private receptacles
for collection. (Ord. 826 § 1, 2003)
Placement of litter in
receptacles.
Persons placing litter in public receptacles or
in authorized private receptacles shall do so in
such a manner as to prevent it from being
carried, or deposited by the elements upon any
street, sidewalk or other public place or upon
private property. (Ord. 826 § 1. 2003)
8.32.080
Depositing litter in gutters
prohibited.
A. No person shall sweep into or deposit in
any gutter, street or other public place within
the City the accumulation of litter from any
public or private sidewalk or driveway or any
building or lot.
B. Persons owning or occupying property
or places of business shall keep the sidewalk in
front of their premises, from their property line
to the curb or public right of way, free of litter.
(Ord. 826 § 1, 2003)
8.32.090 Throwing litter from vehicles
prohibited.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any
street or other public place within the City, or
upon private property. (Ord. 826 § 1, 2003)
8.32.110 Littering in parks prohibited.
No person shall throw or deposit litter in any
park within the City except in public
receptacles and in such a manner that the litter
will be prevented from being carried or
deposited by the elements upon any part of the
park or upon any street or other public place.
Where public receptacles are not provided, all
litter shall be carried away from the park by the
person responsible for its presence and properly
disposed of as provided in this chapter. (Ord.
826 § 1, 2003)
8.32.070
8.32.120
Littering on private property
prohibited.
No person shall throw or deposit litter on
any occupied or unoccupied private property
within the City, whether owned by such person
or not, except that the owner or person in
control of private property may maintain
authorized private receptacles for collection in
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5/1/03
such a manner that litter will be prevented from
being carried or deposited by the elements
upon any public place. (Ord. 826 § 1. 2003)
Private property owner to
maintain premises.
Every person owning, or managing, or
having charge, control or occupancy of any real
property in the City shall at all times maintain
the premises free of litter and weeds; provided,
however, that this section shall not prohibit the
storage of litter in authorized private
receptacles for collection. (Ord. 826 § 1, 2003)
untidy as to substantially detract from the
appearance of the immediate neighborhood or
tend to threaten the safety and welfare of the
immediate neighborhood. (Ord. 826 § 1, 2003)
8.32.130
8.32.140 Public rights-of-way -- owner
of adjacent property to
maintain.
Every person owning, or managing, or
having charge, control or occupancy of any real
property in the City shall at all times maintain
the adjacent street right-of-way from the
private property line to the curb or edge of
pavement, and the portion of the alley
contiguous with the property to the centerline
of the alley, free of litter and weeds. (Ord. 826
§ 1, 2003)
8.32.150
Littering on vacant lots
prohibited.
No person shall throw or deposit litter on
any open or vacant private property within the
City whether owned by such person or not.
(Ord. 826 § 1, 2003)
8.32.160 Unsightly premises
prohibited.
Every person owning, or managing, or
having charge, control or occupancy of any real
property in the City shall not allow any part of
such property visible from the street or
adjoining premises to become so unsightly or
8.32.170 Accumulation of litter on
construction/demolition site
prohibited.
It is unlawful for the owner, agent or
contractor in charge of any construction or
demolition site to cause, maintain, permit or
allow to be caused, maintained or permitted the
accumulation of any litter on the site before,
during or after completion of a
construction/demolition project. (Ord. 826 § 1,
2003)
8.32.180
Storing, parking or leaving junk
vehicles on private property
unlawful.
A. It is unlawful for a person to park, store,
leave, or permit the parking, storing or leaving
of any junk motor vehicle for a period in excess
of five days upon any private property within
the City; provided, however, that the provisions
of this article shall not apply to any junk motor
vehicle in:
1. an enclosed building or an area
in a backyard which is completely screened
from view by fencing, shrubbery, or otherwise;
or
2. the premises of a business
enterprise which is properly operated in the
appropriate business zone pursuant to the
zoning laws of the City.
(Ord. 826 § 1, 2003)
8.32.190
Parking vehicles on public
right-of-way unlawful.
A. It is unlawful for the owner or any
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5/1/03
person having control of a recreational vehicle,
utility trailer, and/or watercraft, to allow the
vehicle to remain parked or located upon the
paved or unpaved portion of any street or alley
within the City for a period of time in excess of
seventy-two hours.
B. It is unlawful for the owner or any
person having control of a motor vehicle to
allow the vehicle to remain parked or located
upon the paved or unpaved portion of any street
or alley within the City for a period of time in
excess of fourteen (14) days.
(Ord. 826 § 1, 2003)
Violations of this chapter are in addition to
any other violation established by law, and this
chapter shall not be interpreted as limiting the
penalties, actions, or abatement procedures
which may be taken by the city or other
persons under existing laws, ordinances, or
rules. (Ord. 826 § 1, 2003)
8.32.200 Cesspools in city prohibited.
All cesspools, open vaults and privies within
the City are declared to be a nuisance, and
subject to abatement. Each person, firm or
association owning any lot, grounds or
premises within the City upon which there are
any cesspools, open vaults or privies, is
required to forthwith remove, fill up and abate
the same, except in such cases where the City
Engineer, for good cause shown, shall grant
temporary permission to maintain and use the
same. (Ord. 826 § 1, 2003)
8.32.240
8.32.210
Failure to provide evidence of
identity.
A person who fails or refuses to provide
evidence of his identity to a duly authorized
agent of the city upon request, when such agent
has reasonable cause to believe the person has
committed a violation of this chapter, is guilty
of a misdemeanor. Sufficient evidence of
identity shall consist of a person’s full legal
name, residence address, and date of birth.
(Ord. 826 § 1, 2003)
8.32.220
Remedies not exclusive.
8.32.230
Each day is a separate
violation.
Each day in which a violation of this chapter
continues shall constitute a separate civil
violation. (Ord. 826 § 1, 2003)
Alternative enforcement
measures.
Nothing in this chapter shall preclude city
employees from seeking voluntary compliance
with the provisions of this chapter or from
enforcing this chapter through notices of
violation, warnings, or other informal devices
designed to achieve compliance in the most
efficient and effective manner under the
circumstances. (Ord. 826 § 1, 2003)
8.32.250 Violation – penalty.
A. Any person who is found by the court
to be in violation of any of the provisions of
this chapter shall be deemed responsible for a
civil violation, unless otherwise designated in
this chapter.
B. Upon the court finding a person
responsible for a civil violation of this chapter,
the court shall impose a fine in an amount not
less than twenty-five dollars $25.00.
8.32.260 Civil citation – authority to
issue.
The city manager, or his designee, shall
appoint code enforcement officers as
employees of the public works department.
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5/1/03
Any code enforcement officer and/or any city
police officer shall be empowered to issue civil
citations and commence proceedings before a
judge of the municipal court for any violation
of this chapter. (Ord. 826 § 1, 2003)
8.32. 265 Rights of entry.
The code enforcement officer shall be and is
hereby authorized to enter into or upon any
premises within the corporate limits of the city
for the purpose of making necessary
inspections and issuing notices, instructions or
citations for any and all violations of the
provisions of this chapter. (Ord. 826 § 1, 2003)
8.32.270 Habitual offender.
A. A person who commits a violation of
this chapter after previously having been found
responsible for committing three or more civil
violations of this chapter within a twenty-four
(24) month period, whether by admission, by
payment of the fine, by default, or by judgment
after hearing, shall be guilty of a class one
misdemeanor.
B. For purposes of calculating the twentyFour (24) month period under this section, the
dates of the commission of the offenses are the
determining factor.
C. Upon conviction of a person of a
violation of this chapter, the court may impose
a sentence of incarceration not to exceed six
months in jail or a fine not to exceed two
thousand five hundred dollars, exclusive of
penalty assessments prescribed by law, or both.
The court shall order a person who has been
convicted of this section to pay a fine of not
less than five hundred dollars ($500.00) for
each count upon which a conviction has been
obtained.
D. Every action or proceeding under this
section shall be commenced and prosecuted in
accordance with the laws of the State of
Arizona relating to criminal misdemeanors and
the Arizona Rules of Criminal Procedure.
(Ord. 826 § 1, 2003)
Article II. Abatement
8.32.280 Definitions.
―Abatement‖ means the removal,
stoppage, prostration, or destruction of that
which causes or constitutes a nuisance,
whether by breaking or pulling it down, or
otherwise destroying, or effacing it.
―Emergency abatement‖ means abatement of
the nuisance by the city, or a contractor
employed by the city, by removal, repair, or
other acts without notice to the owner, agent, or
occupant of the property, except for the notice
required by this chapter.
―Owner‖ means the owner of record based
on the county assessor’s record or any person
with legal, financial or equitable interest in the
property on which the alleged public nuisance
exists at the time of the violation.
―Property‖ means any real property,
premises, structure or location on which a
public nuisance is alleged to exist. (Ord. 826 §
1, 2003)
8.32.290 Abatement.
As an additional remedy, or an alternative to
a civil or criminal complaint, the city shall
compel any persons with an interest in the
property or agents of such persons to abate any
violations of this chapter. Such abatement shall
proceed independently of any civil or criminal
violation filed pursuant to this chapter. (Ord.
826 § 1, 2003)
8.32.300 Emergency abatement.
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5/1/03
A. Whenever a complaint is made to the
department of public works of the existence of
a public nuisance, as defined in section
8.32.030, the department of public works shall
promptly cause to be inspected the property on
which it is alleged that such public nuisance
exists.
Should the city manager, upon
recommendation of the department of public
works, find that a public nuisance exists, and
that the public health, safety or welfare may be
in immediate danger, then emergency
abatement procedures shall be implemented
and the nuisance shall be removed or abated.
The building inspector shall be notified if the
public nuisance involves a building that
appears structurally unsafe. The building
inspector, upon being notified, shall cause the
building on which it is alleged such public
nuisance exists to be inspected and submit a
written report of such inspection and the
findings to the director of the department of
public works.
B. When emergency abatement is
authorized, notice to the owner, agent or
occupant of the property is not required. If
such emergency situation presents an imminent
hazard to life or public safety, the city may
immediately act to correct or abate the
emergency.
Following the emergency
abatement, the department of public works
shall cause to be posted on the property liable
for the abatement a notice describing the action
taken to abate the nuisance.
C. The city may issue a notice to abate
directing the owner, occupant, operator, or
agent to take such action as is appropriate to
correct or abate the emergency. In the event
the city is unable to contact the owner,
occupant, operator, agent or responsible party,
it in no way effects the city’s right to correct or
abate the emergency. Upon receiving notice to
abate emergency, the owner, occupant,
operator, agent or responsible party shall be
granted a hearing before the hearing officer on
the matter within seven (7) days of a written
request, but such appeal shall in no case shall
stay the abatement or correction of such
emergency. (Ord. 826 § 1, 2003)
8.32.310 Abatement in other cases.
A. If, after inspecting the property on
which the nuisance is reported, the department
of public works declares the existence of a
public nuisance, but the nature thereof is not
such as to require the emergency abatement of
such nuisance, then, regular abatement
procedures shall be followed. Photographs and
reports of the findings and inspections shall be
made and filed with the director of the
department of public works.
B. The director of the department of public
works, or his designee, shall determine the
individual, firm or corporation who, from the
records in the county recorder’s office, appears
to be the titled owner of the aforesaid property
and immediately cause a written notice to be
served on such individual, firm or corporation
by personal service or by leaving a copy of the
notice at the usual place of residence or
business of such owner, or address of such
owner shown in the recorder’s records, or by
copy mailed to such owner at such place or
address by United States certified mail return
receipt. If service of such written notice is
unable to be perfected by any of the methods
described above, the department of public
works shall cause a copy of the aforesaid notice
to be published in a newspaper of general
circulation in the city, once a week for two
consecutive weeks, and shall further cause a
copy of the aforesaid notice to be left with the
individual, if any, in possession of such
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5/1/03
property on which it is alleged such public
nuisance exists, or if there is no individual in
possession thereof, the department of public
works shall cause a copy of the notice to be
posted at such structure, location or premises.
The department of public works shall also
determine from the recorder’s office who the
lienholder of the property, if any, as
documented therein, is and cause a written
notice to be served on such lienholder by
United States mail return receipt.
C. The aforesaid notice to the owner, and
lienholder, if any, of the property shall state
clearly and concisely the findings of the
department of public works with respect to the
existence of a public nuisance. The notice shall
further state that unless the owner thereof shall
cause the abatement of the public nuisance,
pursuant to the orders contained in the
department of public works notice, the public
nuisance shall be abated by the city at the
expense of the owner.
D. Any person who is the record owner of
the premises, location or structure at the time
an order pursuant to this chapter is issued and
served upon him, shall be responsible for
complying with that order, and liable for any
costs incurred by the city therewith,
notwithstanding the fact that he conveys his
interests in the property to another after such
order was issued and served.
E. It shall not be a defense to the
determination that a public nuisance exists that
the property is boarded up or otherwise
enclosed.
(Ord. 826 § 1, 2003)
8.32.315
Abatement notice.
A. The city shall give reasonable written
notice to abate any violation of this chapter to
all persons with an interest in the property or
agents of such persons.
B. Notice shall contain:
1. The legal description of the property;
2. The cost of such removal to the city
if notified persons do not comply;
3. A date for compliance which shall
not be less than thirty (30) days after the date
notice was given;
4. Identification of the property in
violation by street address if it exists; and
5. A statement of the violation(s) in
sufficient detail to allow a reasonable person to
identify and correct them.
C. Said written notice shall be either
personally served, mailed by certified mail at
their last known address or the address to
which the tax bill for the subject property was
last sent; or served in accordance with the
Arizona Rules of Civil Procedure.
D. The city may record the notice in the
county recorder’s office. If such notice is
recorded and compliance with the notice is
subsequently satisfied, the city shall record a
release of the notice.
(Ord. 826 § 1, 2003)
8.32.320 Abatement by owner.
A. Within thirty (30) days after the posting
and mailing of a notice to abate a nuisance, the
owner, agent of the owner, or individual in
possession of the affected property shall
remove and abate such nuisance or show that
no nuisance in fact exists. Such showing shall
be made by filing a written statement that no
nuisance exists. The statement shall be filed
with the department of public works.
B. The department of public works, upon
written application by the owner within the
thirty (30) day period after the notice has been
served, may grant in writing additional time for
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the owner to effect the abatement of the public
nuisance, provided that such extension is
limited to a specific time period.
(Ord. 826 § 1, 2003)
8.32.330 City abatement upon failure
to abate by person with
interest in property.
A. Upon failure of any notified person to
abate a public nuisance within compliance time
set in the written notice, the city may remove,
abate, enjoin or cause removal of the violation.
B. Removal, abatement, or the acquisition
of an injunction may be accomplished, at the
sole discretion of the city, by city staff or an
independent contractor.
C. The city manager, or his authorized
representative, shall prepare a verified
statement and account of the actual cost of
abatement action, legal fees, additional
inspection and other incidental connected costs.
D. The amount in the verified statement
and account is declared as an assessment upon
the lot or tract of land on which the violation
occurred. Said assessment may be collected at
the same time and in the same manner as other
city assessments are collected.
E. A copy of the statement and account
shall be personally delivered; sent by certified
mail, return receipt requested; or served in
accordance with the Arizona Rules of Civil
Procedure to all persons with an interest in the
property and/or their agents.
F. The assessment shall be recorded in the
county recorder’s office and from the date of its
recording shall be a lien on the lot or tract of
land and the several amounts assessed against
the lot or tract of land until paid.
G. Any assessment lien recorded pursuant
to this chapter after July 15, 1996, shall be
prior and superior to all other liens, obligations,
mortgages or other encumbrances, except liens
for general taxes.
(Ord. 826 § 1. 2003)
8.32.335 Satisfaction of assessment
for abatement.
A. A sale of the property to satisfy an
assessment obtained under the provisions of
this section shall be made upon judgment of
foreclosure and order of sale.
B. The city may institute an action to
enforce the lien in a competent court of the
county at any time after the recording of the
assessment, but failure to enforce the lien by
such action shall not affect its validity.
C. The recorded assessment shall be prima
facie evidence of the truth of all matters recited
therein and of the regularity of all proceedings
prior to the recording thereof.
D. A prior assessment or lien for the
purposes provided in this section shall not be a
bar to a subsequent assessment or assessments,
or lien or liens, for such purposes, and any
number of assessments or liens on the same lot
or tract of land may be enforced in the same
action.
(Ord. 826 § 1, 2003)
8.32.340 Assessments run with the
land and due in equal
payments with interest.
A. Assessments that are imposed under
Chapter 8.32 run against the property until
paid and are due and payable in equal annual
installments as set for in ARS 9-499(E) or any
subsequent replacement state statutory
provision thereof.
B. An assessment that is past due accrues
interest at the rate prescribed by ARS 44-1201
or any subsequent replacement state statutory
provision thereof.
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(Ord. 826 § 1, 2003)
(Ord. 826 § 1, 2003)
8.32.350 Abatement is additional
remedy for violations.
In addition to any fine which may be
imposed for a violation of any provision of this
chapter, the person, firm or corporation shall be
liable for all costs which may be assessed
pursuant to sections of this chapter for the
removal of the public nuisance. (Ord. 826 § 1,
2003)
8.32.380 Failure to timely file deemed
a waiver of appeal.
Failure of a person entitled to appeal under
this chapter to timely file an appeal
accompanied with the appeal fee established
below shall constitute a waiver of the right to a
hearing of the complaint before the hearing
officer. (Ord. 826 § 1, 2003)
Article III:
Appeals for Notice to
Abate, Emergency Abatement
Action or Assessment
8.32.360 Definitions.
A. ―Hearing officer‖ means any person
named in subsection 8.24.350 (A) to hear
appeals pursuant to this article.
B. ―Appealing party‖ means the owner,
occupant, lienholder, or other person with a
property interest in the subject property.
C. ―Appealable actions‖ means any notice
to abate, emergency abatement action, or
assessment unless the notice, action or
assessment is ordered by a court.
(Ord. 826 § 1, 2003)
8.32.370
Procedure for appeals to
the hearing officer.
A. Any appealable actions can be
appealed to the hearing officer by an appealing
party.
B. An appealing party must file its request
for an appeal within fifteen days of the service
of the notice to abate, the date emergency
abatement action commenced, or the filing of
the assessment, and must be filed with the city
clerk’s office.
8.32.390 Contents of request for
appeal and appeal fee.
A. The request for appeal shall set forth, in
writing, the person’s reasons for believing they
are not in violation of the chapter or that the
assessment is excessive.
B. The appealing party shall accompany
the written appeal with an appeal fee of twentyfive dollars ($25.00). The city clerk shall
deposit the appeal fee in the general fund of the
city.
C. In case of financial hardship based upon
a sworn affidavit, the city clerk may suspend
the appeal fee until the decision on appeal is
rendered. Said sworn affidavit must be filed
with the city clerk’s office no later than two
business days prior to the end of the request for
appeal time limit. The city clerk’s office shall
issue its determination on fee suspension no
later than two business days after its receipt of
the affidavit.
(Ord. 826 § 1, 2003)
8.32.400 Matters on appeal.
A.
Any person may appeal an
appealable action to the hearing officer:
1. When it is claimed the
property or building subject to the notice is not
in violation of the ordinance;
2. When it is claimed the
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notice provisions of chapter 8.32 were not
properly followed; or
3. When it is claimed that the
statement of costs for correcting or abating the
violation is excessive.
(Ord. 826 § 1, 2003)
8.32.410 Procedure on appeal.
A. The city clerk’s office shall set a date
for hearing on appeal within (30) thirty days of
the receipt of request for appeal by the city
clerk’s office.
B. The parties may, if they choose, be
represented by an attorney.
C. The appealing party has the burden of
proof to sustain a ground for appeal as
enumerated in Section 8.32.400. The appealing
party must proceed first in the presentation of
evidence and present admissible evidence to
support its appeal. The appealing party shall
have no more than one (1) hour to present his
case.
D. Both the appealing party and the city’s
representative will be permitted to crossexamine witness testimony, present evidentiary
exhibits and to testify in person.
E. At the end of the appealing party’s
presentation of evidence, the city may ask that
the hearing officer rule that he/she finds:
1. That the appealing party did not
sustain its burden of proof of an appealable
ground as set forth in Section 8.32.400; and
2. Denying the appealing party’s
relief.
F. If the hearing officer grants the city’s
request, it shall terminate the proceeding and
issue such a decision in writing. If the hearing
officer denies the city’s request, the city may
present admissible evidence on behalf of the
city in rebuttal. If the city chooses to present
evidence in rebuttal, it will be allowed no more
than one (1) hour to do so.
(Ord. 826 § 1, 2003)
8.32.420
Determination
of
hearing
officer.
A. The hearing officer may amend or
modify a notice to abate or extend the time for
compliance of a notice to abate.
B. The hearing officer shall have the
discretion to reduce or cancel a proposed
assessment for abating a nuisance, in whole or
in part, if, in the course of the hearing, the
hearing officer finds that any of the following
did not conform to the provisions of this
chapter:
1. The notice to remove the
nuisance;
2. The work performed in abating
the nuisance; or
3. The computation of costs of the
assessment for abating the nuisance.
C. The determination of the hearing
officer is a final administrative decision and is
not appealable to the city council.
(Ord. 826 § 1, 2003)
8.32.430
Stay of order during appeal to
hearing officer.
Except for orders to vacate based on, or
violations eligible for, emergency abatement
action, the timely filing of an appeal shall stay
enforcement of a notice to abate or assessment
until the appeal is finally determined by the
hearing officer. (Ord. 826 § 1, 2003)
8.32.440 Personal liability of owner.
The person who is the owner of the property
at the time at which the notice required under
section 8.32.315 of this chapter is posted shall
be personally liable for the amount of the
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assessment including all interest, civil
penalties, and other charges. (Ord. 826 § 1,
2003)
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5/1/03
Chapter 8.36
SMOKING IN PUBLIC PLACES AND
WORKPLACES
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
8.36.070
8.36.010
Definitions.
Prohibition of smoking in
certain public places.
Regulation of smoking in
restaurants.
Regulation of smoking in
the workplace.
Smoking-optional areas.
Compliance and
responsibility.
Violation—Penalty.
Definitions.
The following definitions shall apply to the
interpretation and enforcement of this chapter
unless the context clearly indicates that a
different meaning is intended.
―Bar‖ means an area devoted to the serving
of alcoholic beverages to patrons for
consumption on the premises, and in which the
serving of food is only incidental to the
consumption of such beverages.
―Business‖ means any establishment where
goods or services are sold or where
professional services are delivered.
―Child care facility‖ means any licensed
nursery, day care center, preschool or other
facility providing care for children. A private
residence is not a child care facility except
during those hours and in those portions being
used as a business for the provision of care for
children.
―City‖ means the city of Douglas.
―Person‖ means every natural person, firm,
association, organization, partnership, business
trust, corporation, company, or other entity.
―Public place‖ means any enclosed area to
which the public is invited or permitted, not
including the offices or work areas not entered
by the public in the normal course of business
or in the normal public use of the premises. A
private residence is not a public place.
―Restaurant‖ means any coffee shop,
cafeteria, enclosed sandwich stand, enclosed
taco stand, soda fountain, boardinghouse, club
or other inside eating establishment which
gives, sells or offers to sell food to the public,
guests or employees, as well as kitchens in
which food is prepared on the premises for
serving elsewhere, including catering facilities.
However, the term ―restaurant‖ shall not
include a ―bar‖ as defined herein.
―Retail tobacco store‖ means a retail store
utilized primarily for the sale of tobacco
products and accessories and in which the sale
of other products is merely incidental.
―Service line‖ means any indoor line at
which one or more persons wait for or receive
service of any kind, whether or not such service
involves the exchange of money.
―Smoking‖ means the act of inhaling,
exhaling or burning any tobacco product, or
carrying any lighted cigar, cigarette or other
combustible tobacco
―Sports arena‖ means any stadium, sports
pavilion, gymnasium, health spa, swimming
pool, roller or ice rink, bowling alley and other
similar place where members of the general
public assemble either to engage in physical
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exercise, participate in athletic competition or
witness sports events.
―Workplace‖ means any enclosed area under
the control of a public or private employer
which employees normally frequent during the
course of employment, including, but not
limited to, work areas, employee lounges and
rest rooms, employee cafeterias, conference
rooms and hallways. A private residence is not
a ―workplace‖ unless it is used as a child care
facility or health care facility, and then, only
during those hours and in those areas in which
it is so used. (Ord. 751 § 1, 1999)
8.36.020
Prohibition of smoking in
certain public places.
Except as otherwise provided herein,
smoking shall be prohibited in the following
places:
A. Public elevators;
B. Public areas of museums, libraries and
galleries;
C. Public forms of transportation,
including, but not limited to, buses, vans and
taxicabs;
D. Public restrooms;
E. Public areas in retail stores;
F. Service lines.
G. Theaters, movie houses, concert
facilities, or other facilities used for recitals,
plays, ballets, performances, bingo games, or
exhibitions, whenever open to the public,
except smoking which is part of a stage
performance. Notwithstanding this provision,
where seating is provided in an outdoor facility,
no more than fifty percent of the seats of the
facility may be designated as smoking seats
provided that the smoking area is segregated
from the nonsmoking area in such a way as to
minimize the exposure of smokers to
secondhand smoke;
H. Indoor sports arenas, and convention
halls, except that in privately owned and
operated indoor sports arenas no more than
fifty percent of the total seats may be
designated as a smoking area provided that the
smoking area is segregated from the
nonsmoking area in such a way as to minimize
the exposure of smokers to secondhand smoke;
I. Child care facilities;
J. Waiting rooms, sleeping rooms or public
hallways of private or public health care
facilities, including, but not limited to,
hospitals, clinics, physical therapy, mental
health, drug and alcohol treatment and doctors’
and dentists’ officers, provided, however, that
health facilities may provide separate waiting
rooms and bed spaces for smokers, as long as
such rooms and spaces are clearly marked and
do not constitute more than one half of the total
rooms and spaces in the facility and as long as
the existence of these smoking rooms does not
expose nonsmokers to secondhand smoke;
K. Lobbies, hallways, meeting rooms and
other common areas in hotels, motels,
apartment buildings, condominiums, senior
citizen homes, nursing homes and other
multiple-unit facilities, except that lobbies
larger than one thousand five hundred square
feet in size shall be exempt provided the lobby
ceilings are in excess of fifteen feet high;
L. Lobbies, hallways and other common
areas in multiple-unit commercial facilities;
M. Classrooms and public areas of schools
or other educational institutions providing
academic classroom instruction, technical
training or instruction in dancing, art, music or
other cultural activities;
N. Hotel and motel rooms, provided,
however, that each hotel or motel may
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designate not more than fifty percent of their
hotel or motel rooms as smoking rooms. The
hotel or motel rooms designated as smoking
will have signs posted indicating that smoking
is allowed. The non-smoking rooms will have
signs indicating that smoking is prohibited, and
ashtrays will be removed from those rooms;
O. Notwithstanding any other provisions in
this section, any owner, operator, manager or
other person who controls any establishment or
facility may declare that entire establishment or
facility to be a nonsmoking establishment. In
that case, no smoking shall be permitted
anywhere in the establishment. (Ord. 751 § 2,
1999)
8.36.030
Regulation of smoking in
restaurants.
A. The owner or manager of a restaurant
may designate the entire restaurant as a
nonsmoking facility.
B. The owner or manager of a restaurant
may designate certain areas of the restaurant as
smoking areas, provided that:
1. At least fifty percent of the indoor
dining area is designated as a nonsmoking area;
and
2. The nonsmoking area is kept free from
smoke.
C. The provision of this section shall not
apply to any portion of a restaurant which is
utilized as a bar, or to any rooms in a restaurant
while they are being used for private functions.
(Ord. 751 § 3, 1999)
8.36.040
Regulation of smoking in the
workplace.
A. Any employer having an enclosed place
of employment located within the city shall
adopt, implement, maintain, post and make
known to its employees, a written smoking
policy which shall contain, at a minimum, the
following provisions:
1. Prohibitions on smoking in conference
and meeting rooms, restrooms, and other
common areas.
2. Provision and maintenance of a
contiguous nonsmoking area of not less than
fifty percent of the seating capacity and floor
space in cafeterias, lunchrooms and employee
lounges.
3. Any nonsmoking employee may object
to his or her employer about smoke in his or
her workplace. In that event, using available
means of ventilation or separation or partition
of office space, the employer shall use best
efforts to reach a reasonable accommodation of
the nonsmoking employee’s needs. However,
an employer is not required by this chapter to
make any expenditures or structural changes to
accommodate the preferences of nonsmoking
or smoking employees.
4. If an accommodation which is
reasonably satisfactory to all nonsmoking
employees cannot be reached in any given
workplace, the preferences of the nonsmoking
employees shall prevail and the employer shall
prohibit smoking in that workplace. Where the
employer prohibits smoking in a workplace, the
area in which smoking is prohibited shall be
clearly marked with signs.
B. Notwithstanding any other provision in
this chapter, every employer shall have the
right to designate any workplace or portion
thereof as a nonsmoking area. If an employer
fails to adopt, implement and maintain a
written smoking policy, smoking shall be
prohibited on the entire premises.
C. No employee shall be terminated or
subject to disciplinary action as a result of
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5/1/03
making a complaint to an employer or the city
about smoking in the workplace.
1. Any person claiming to be a victim of an
unlawful termination or discipline as described
in this section must file a written complaint
with the city police department within sixty
days from the alleged unlawful practice.
2. The victim of any unlawful termination
or discipline as described in this section may,
within thirty days of entry of judgment of a
violation of this section, apply to the employer
for reinstatement of the employee’s former
position and/or payment of any wages and
benefits that would have accrued were it not for
the wrongful termination or discipline. The
employer shall reinstate the victim and pay the
accrued wages and benefits within ten days of
such application. Failure to comply with this
subsection is a violation of this chapter, and
each day of noncompliance is a separate
offense. (Ord. 751 § 4, 1999; Ord. 810 § 3,
2002)
8.36.050
Smoking-optional areas.
This chapter is not intended to regulate
smoking in the following places and under the
following conditions:
A. Private residences, except when used as
a child care or health care facility;
B. Bars. Provided, however, that the owner
or manager of a bar may designate one area of
the bar as a nonsmoking area and may
designate the entire bar as a nonsmoking
facility;
C. Retail tobacco stores;
D. Private clubs;
E. Hotel, motel and all other public and
private conference and meeting rooms while
being used exclusively for private functions;
F. A private, enclosed office workplace
occupied exclusively by smokers, even though
such an office workplace may be visited by
nonsmokers;
G. Any area exterior to the building in
which a regulated establishment or facility is
located.
H. Outdoor Smoking Arenas. However, the
owner, sponsor or manager may designate all
or part of the arena as a nonsmoking area. (Ord.
751 § 5, 1999)
8.36.060
Compliance and
responsibility.
A. Any person or employer who owns,
operates, manages or otherwise controls the use
of any premises subject to this chapter shall
properly post and maintain clear and
conspicuous signs which designate smoking or
no smoking areas, and shall not allow service
to any person while such person is smoking in
a no smoking area.
B. The city shall provide each business
license applicant with a copy of the ordinance
codified in this chapter. However, the city’s
failure to do so shall not relieve the business
from the provisions of this chapter.
C. No person shall intentionally deface or
remove a no smoking sign required by this
chapter unless replacing it with another no
smoking sign. (Ord. 751 § 6, 1999)
8.36.070
Violation—Penalty.
Any person violating any provision of this
chapter shall be subject to a fine of not less
than twenty-five dollars nor more than five
hundred dollars for each offense and a separate
offense shall be deemed committed on each
day during or on which a violation occurs.
(Ord. 751 § 7, 1999)
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